Bill Text: IL SB0326 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Older Adult Services Act. In provisions concerning the development of a plan to restructure the State's service delivery system for older adults, provides that the Department on Aging and the Departments of Public Health and Healthcare and Family Services shall develop the plan no later than September 30, 2010. Provides that the plan shall protect the rights of all older Illinoisans to services based on their health circumstances and functioning level, regardless of whether they receive their care in their homes, in a community setting, or in a residential facility. Provides that financing for older adult services shall take into account individual preference but shall not jeopardize the health, safety, or level of care of nursing home residents. Effective immediately.

Sponsorship: Moderate Partisan Bill (Democrat 11-2)

Status: (Passed) 2010-07-29 - Public Act . . . . . . . . . 96-1372 [SB0326 Detail]

Download: Illinois-2009-SB0326-Enrolled.html

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AN ACT concerning aging.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Act on Aging is amended by changing
Section 4.04 as follows:
(20 ILCS 105/4.04) (from Ch. 23, par. 6104.04)
Sec. 4.04. Long Term Care Ombudsman Program.
(a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the
Office of State Long Term Care Ombudsman ("the Office"), in
accordance with the provisions of the Older Americans Act of
1965, as now or hereafter amended.
(b) Definitions. As used in this Section, unless the
context requires otherwise:
(1) "Access" has the same meaning as in Section 1-104
of the Nursing Home Care Act, as now or hereafter amended;
that is, it means the right to:
(i) Enter any long term care facility or assisted
living or shared housing establishment or supportive
living facility;
(ii) Communicate privately and without restriction
with any resident, regardless of age, who consents to
the communication;

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(iii) Seek consent to communicate privately and
without restriction with any resident, regardless of
age;
(iv) Inspect the clinical and other records of a
resident, regardless of age, with the express written
consent of the resident;
(v) Observe all areas of the long term care
facility or supportive living facilities, assisted
living or shared housing establishment except the
living area of any resident who protests the
observation.
(2) "Long Term Care Facility" means (i) any facility as
defined by Section 1-113 of the Nursing Home Care Act, as
now or hereafter amended; and (ii) any skilled nursing
facility or a nursing facility which meets the requirements
of Section 1819(a), (b), (c), and (d) or Section 1919(a),
(b), (c), and (d) of the Social Security Act, as now or
hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
and 42 U.S.C. 1396r(a), (b), (c), and (d)).
(2.5) "Assisted living establishment" and "shared
housing establishment" have the meanings given those terms
in Section 10 of the Assisted Living and Shared Housing
Act.
(2.7) "Supportive living facility" means a facility
established under Section 5-5.01a of the Illinois Public
Aid Code.

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(3) "State Long Term Care Ombudsman" means any person
employed by the Department to fulfill the requirements of
the Office of State Long Term Care Ombudsman as required
under the Older Americans Act of 1965, as now or hereafter
amended, and Departmental policy.
(3.1) "Ombudsman" means any designated representative
of a regional long term care ombudsman program; provided
that the representative, whether he is paid for or
volunteers his ombudsman services, shall be qualified and
designated by the Office to perform the duties of an
ombudsman as specified by the Department in rules and in
accordance with the provisions of the Older Americans Act
of 1965, as now or hereafter amended.
(c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time ombudsman
and shall include a system of designated regional long term
care ombudsman programs. Each regional program shall be
designated by the State Long Term Care Ombudsman as a
subdivision of the Office and any representative of a regional
program shall be treated as a representative of the Office.
The Department, in consultation with the Office, shall
promulgate administrative rules in accordance with the
provisions of the Older Americans Act of 1965, as now or
hereafter amended, to establish the responsibilities of the
Department and the Office of State Long Term Care Ombudsman and
the designated regional Ombudsman programs. The administrative

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rules shall include the responsibility of the Office and
designated regional programs to investigate and resolve
complaints made by or on behalf of residents of long term care
facilities, supportive living facilities, and assisted living
and shared housing establishments, including the option to
serve residents under the age of 60, relating to actions,
inaction, or decisions of providers, or their representatives,
of long term care facilities, of supported living facilities,
of assisted living and shared housing establishments, of public
agencies, or of social services agencies, which may adversely
affect the health, safety, welfare, or rights of such
residents. The Office and designated regional programs may
represent all residents, but are not required by this Act to
represent persons under 60 years of age, except to the extent
required by federal law. When necessary and appropriate,
representatives of the Office shall refer complaints to the
appropriate regulatory State agency. The Department, in
consultation with the Office, shall cooperate with the
Department of Human Services and other State agencies in
providing information and training to designated regional long
term care ombudsman programs about the appropriate assessment
and treatment (including information about appropriate
supportive services, treatment options, and assessment of
rehabilitation potential) of the residents they serve,
including children, persons with mental illness (other than
Alzheimer's disease and related disorders), and persons with

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developmental disabilities.
The State Long Term Care Ombudsman and all other ombudsmen,
as defined in paragraph (3.1) of subsection (b) must submit to
background checks under the Health Care Worker Background Check
Act and receive training, as prescribed by the Illinois
Department on Aging, before visiting facilities. The training
must include information specific to assisted living
establishments, supportive living facilities, and shared
housing establishments and to the rights of residents
guaranteed under the corresponding Acts and administrative
rules.
(c-5) Consumer Choice Information Reports. The Office
shall:
(1) In collaboration with the Attorney General, create
a Consumer Choice Information Report form to be completed
by all licensed long term care facilities to aid
Illinoisans and their families in making informed choices
about long term care. The Office shall create a Consumer
Choice Information Report for each type of licensed long
term care facility.
(2) Develop a database of Consumer Choice Information
Reports completed by licensed long term care facilities
that includes information in the following consumer
categories:
(A) Medical Care, Services, and Treatment.
(B) Special Services and Amenities.

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(C) Staffing.
(D) Facility Statistics and Resident Demographics.
(E) Ownership and Administration.
(F) Safety and Security.
(G) Meals and Nutrition.
(H) Rooms, Furnishings, and Equipment.
(I) Family, Volunteer, and Visitation Provisions.
(3) Make this information accessible to the public,
including on the Internet by means of a hyperlink labeled
"Resident's Right to Know" on the Office's World Wide Web
home page.
(4) Have the authority, with the Attorney General, to
verify that information provided by a facility is accurate.
(5) Request a new report from any licensed facility
whenever it deems necessary.
(6) Include in the Office's Consumer Choice
Information Report for each type of licensed long term care
facility additional information on each licensed long term
care facility in the State of Illinois, including
information regarding each facility's compliance with the
relevant State and federal statutes, rules, and standards;
customer satisfaction surveys; and information generated
from quality measures developed by the Centers for Medicare
and Medicaid Services.
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of

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paragraph (3) of subsection (c) of Section 1819 and
subparagraphs (A) and (E) of paragraph (3) of subsection
(c) of Section 1919 of the Social Security Act, as now or
hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
Older Americans Act of 1965, as now or hereafter amended
(42 U.S.C. 3058f), a long term care facility, supportive
living facility, assisted living establishment, and shared
housing establishment must:
(i) permit immediate access to any resident,
regardless of age, by a designated ombudsman; and
(ii) permit representatives of the Office, with
the permission of the resident's legal representative
or legal guardian, to examine a resident's clinical and
other records, regardless of the age of the resident,
and if a resident is unable to consent to such review,
and has no legal guardian, permit representatives of
the Office appropriate access, as defined by the
Department, in consultation with the Office, in
administrative rules, to the resident's records.
(2) Each long term care facility, supportive living
facility, assisted living establishment, and shared
housing establishment shall display, in multiple,
conspicuous public places within the facility accessible
to both visitors and residents and in an easily readable
format, the address and phone number of the Office of the

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Long Term Care Ombudsman, in a manner prescribed by the
Office.
(e) Immunity. An ombudsman or any representative of the
Office participating in the good faith performance of his or
her official duties shall have immunity from any liability
(civil, criminal or otherwise) in any proceedings (civil,
criminal or otherwise) brought as a consequence of the
performance of his official duties.
(f) Business offenses.
(1) No person shall:
(i) Intentionally prevent, interfere with, or
attempt to impede in any way any representative of the
Office in the performance of his official duties under
this Act and the Older Americans Act of 1965; or
(ii) Intentionally retaliate, discriminate
against, or effect reprisals against any long term care
facility resident or employee for contacting or
providing information to any representative of the
Office.
(2) A violation of this Section is a business offense,
punishable by a fine not to exceed $501.
(3) The Director of Aging, in consultation with the
Office, shall notify the State's Attorney of the county in
which the long term care facility, supportive living
facility, or assisted living or shared housing
establishment is located, or the Attorney General, of any

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violations of this Section.
(g) Confidentiality of records and identities. The
Department shall establish procedures for the disclosure by the
State Ombudsman or the regional ombudsmen entities of files
maintained by the program. The procedures shall provide that
the files and records may be disclosed only at the discretion
of the State Long Term Care Ombudsman or the person designated
by the State Ombudsman to disclose the files and records, and
the procedures shall prohibit the disclosure of the identity of
any complainant, resident, witness, or employee of a long term
care provider unless:
(1) the complainant, resident, witness, or employee of
a long term care provider or his or her legal
representative consents to the disclosure and the consent
is in writing;
(2) the complainant, resident, witness, or employee of
a long term care provider gives consent orally; and the
consent is documented contemporaneously in writing in
accordance with such requirements as the Department shall
establish; or
(3) the disclosure is required by court order.
(h) Legal representation. The Attorney General shall
provide legal representation to any representative of the
Office against whom suit or other legal action is brought in
connection with the performance of the representative's
official duties, in accordance with the State Employee

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Indemnification Act.
(i) Treatment by prayer and spiritual means. Nothing in
this Act shall be construed to authorize or require the medical
supervision, regulation or control of remedial care or
treatment of any resident in a long term care facility operated
exclusively by and for members or adherents of any church or
religious denomination the tenets and practices of which
include reliance solely upon spiritual means through prayer for
healing.
(j) The Long Term Care Ombudsman Fund is created as a
special fund in the State treasury to receive moneys for the
express purposes of this Section. All interest earned on moneys
in the fund shall be credited to the fund. Moneys contained in
the fund shall be used to support the purposes of this Section.
(Source: P.A. 95-620, eff. 9-17-07; 95-823, eff. 1-1-09;
96-328, eff. 8-11-09; 96-758, eff. 8-25-09.)
Section 10. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-130 as follows:
(20 ILCS 2310/2310-130) (was 20 ILCS 2310/55.82)
Sec. 2310-130. Medicare or Medicaid certification fee;
Health Care Facility and Program Survey Fund. To establish and
charge a fee to any facility or program applying to be
certified to participate in the Medicare program under Title

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XVIII of the federal Social Security Act or in the Medicaid
program under Title XIX of the federal Social Security Act to
cover the costs associated with the application, inspection,
and survey of the facility or program and processing of the
application. The Department shall establish the fee by rule,
and the fee shall be based only on those application,
inspection, and survey and processing costs not reimbursed to
the State by the federal government. The fee shall be paid by
the facility or program before the application is processed.
The fees received by the Department under this Section
shall be deposited into the Health Care Facility and Program
Survey Fund, which is hereby created as a special fund in the
State treasury. Moneys in the Fund shall be appropriated to the
Department and may be used for any costs incurred by the
Department, including personnel costs, in the processing of
applications for Medicare or Medicaid certification.
Beginning July 1, 2011, the Department shall employ a
minimum of one surveyor for every 500 licensed long term care
beds. Beginning July 1, 2012, the Department shall employ a
minimum of one surveyor for every 400 licensed long term care
beds. Beginning July 1, 2013, the Department shall employ a
minimum of one surveyor for every 300 licensed long term care
beds.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 15. The Criminal Identification Act is amended by

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adding Section 7.5 as follows:
(20 ILCS 2630/7.5 new)
Sec. 7.5. Notification of outstanding warrant. If the
existence of an outstanding arrest warrant is identified by the
Department of State Police in connection with the criminal
history background checks conducted pursuant to subsection (b)
of Section 2-201.5 of the Nursing Home Care Act or subsection
(d) of Section 6.09 of the Hospital Licensing Act, the
Department shall notify the jurisdiction issuing the warrant of
the following:
(1) Existence of the warrant.
(2) The name, address, and telephone number of the
licensed long term care facility in which the wanted person
resides.
Local issuing jurisdictions shall be aware that nursing
facilities have residents who may be fragile or vulnerable or
who may have a mental illness. When serving a warrant, law
enforcement shall make every attempt to mitigate the adverse
impact on other facility residents.
Section 20. The Illinois Health Facilities Planning Act is
amended by changing Section 14.1 as follows:
(20 ILCS 3960/14.1)
(Text of Section before amendment by P.A. 96-339)

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(Section scheduled to be repealed on December 31, 2019)
Sec. 14.1. Denial of permit; other sanctions.
(a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
(1) The acquisition of major medical equipment without
a permit or in violation of the terms of a permit.
(2) The establishment, construction, or modification
of a health care facility without a permit or in violation
of the terms of a permit.
(3) The violation of any provision of this Act or any
rule adopted under this Act.
(4) The failure, by any person subject to this Act, to
provide information requested by the State Board or Agency
within 30 days after a formal written request for the
information.
(5) The failure to pay any fine imposed under this
Section within 30 days of its imposition.
(a-5) For facilities licensed under the Nursing Home Care
Act, no permit shall be denied on the basis of prior operator
history, other than for: (i) actions specified under item (2),
(3), (4), or (5), or (6) of Section 3-117 of the Nursing Home
Care Act; (ii) actions specified under item (a)(6) of Section
3-119 of the Nursing Home Care Act; or (iii) actions within the

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preceding 5 years constituting a substantial and repeated
failure to comply with the Nursing Home Care Act or the rules
and regulations adopted by the Department under that Act. The
State Board shall not deny a permit on account of any action
described in item (i), (ii), or (iii) of this subsection
without also considering all such actions in the light of all
relevant information available to the State Board, including
whether the permit is sought to substantially comply with a
mandatory or voluntary plan of correction associated with any
action described in item (i), (ii), or (iii) of this
subsection.
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the
requirements of maintaining a valid permit shall be fined
an amount not to exceed 1% of the approved permit amount
plus an additional 1% of the approved permit amount for
each 30-day period, or fraction thereof, that the violation
continues.
(2) A permit holder who alters the scope of an approved
project or whose project costs exceed the allowable permit
amount without first obtaining approval from the State
Board shall be fined an amount not to exceed the sum of (i)
the lesser of $25,000 or 2% of the approved permit amount
and (ii) in those cases where the approved permit amount is
exceeded by more than $1,000,000, an additional $20,000 for
each $1,000,000, or fraction thereof, in excess of the

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approved permit amount.
(3) A person who acquires major medical equipment or
who establishes a category of service without first
obtaining a permit or exemption, as the case may be, shall
be fined an amount not to exceed $10,000 for each such
acquisition or category of service established plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues.
(4) A person who constructs, modifies, or establishes a
health care facility without first obtaining a permit shall
be fined an amount not to exceed $25,000 plus an additional
$25,000 for each 30-day period, or fraction thereof, that
the violation continues.
(5) A person who discontinues a health care facility or
a category of service without first obtaining a permit
shall be fined an amount not to exceed $10,000 plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues. For purposes of this
subparagraph (5), facilities licensed under the Nursing
Home Care Act, with the exceptions of facilities operated
by a county or Illinois Veterans Homes, are exempt from
this permit requirement. However, facilities licensed
under the Nursing Home Care Act must comply with Section
3-423 of that Act and must provide the Board with 30-days'
written notice of its intent to close.
(6) A person subject to this Act who fails to provide

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information requested by the State Board or Agency within
30 days of a formal written request shall be fined an
amount not to exceed $1,000 plus an additional $1,000 for
each 30-day period, or fraction thereof, that the
information is not received by the State Board or Agency.
(c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10.
(d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(Source: P.A. 95-543, eff. 8-28-07.)
(Text of Section after amendment by P.A. 96-339)
(Section scheduled to be repealed on December 31, 2019)
Sec. 14.1. Denial of permit; other sanctions.
(a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
(1) The acquisition of major medical equipment without
a permit or in violation of the terms of a permit.

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(2) The establishment, construction, or modification
of a health care facility without a permit or in violation
of the terms of a permit.
(3) The violation of any provision of this Act or any
rule adopted under this Act.
(4) The failure, by any person subject to this Act, to
provide information requested by the State Board or Agency
within 30 days after a formal written request for the
information.
(5) The failure to pay any fine imposed under this
Section within 30 days of its imposition.
(a-5) For facilities licensed under the Nursing Home Care
Act or the MR/DD Community Care Act, no permit shall be denied
on the basis of prior operator history, other than for actions
specified under item (2), (4), or (5) of Section 3-117 of the
Nursing Home Care Act or under item (2), (4), or (5) of Section
3-117 of the MR/DD Community Care Act. For facilities licensed
under the Nursing Home Care Act, no permit shall be denied on
the basis of prior operator history, other than for: (i)
actions specified under item (2), (3), (4), (5), or (6) of
Section 3-117 of the Nursing Home Care Act; (ii) actions
specified under item (a)(6) of Section 3-119 of the Nursing
Home Care Act; or (iii) actions within the preceding 5 years
constituting a substantial and repeated failure to comply with
the Nursing Home Care Act or the rules and regulations adopted
by the Department under that Act. The State Board shall not

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deny a permit on account of any action described in this
subsection (a-5) without also considering all such actions in
the light of all relevant information available to the State
Board, including whether the permit is sought to substantially
comply with a mandatory or voluntary plan of correction
associated with any action described in this subsection (a-5).
(b) Persons shall be subject to fines as follows:
(1) A permit holder who fails to comply with the
requirements of maintaining a valid permit shall be fined
an amount not to exceed 1% of the approved permit amount
plus an additional 1% of the approved permit amount for
each 30-day period, or fraction thereof, that the violation
continues.
(2) A permit holder who alters the scope of an approved
project or whose project costs exceed the allowable permit
amount without first obtaining approval from the State
Board shall be fined an amount not to exceed the sum of (i)
the lesser of $25,000 or 2% of the approved permit amount
and (ii) in those cases where the approved permit amount is
exceeded by more than $1,000,000, an additional $20,000 for
each $1,000,000, or fraction thereof, in excess of the
approved permit amount.
(3) A person who acquires major medical equipment or
who establishes a category of service without first
obtaining a permit or exemption, as the case may be, shall
be fined an amount not to exceed $10,000 for each such

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acquisition or category of service established plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues.
(4) A person who constructs, modifies, or establishes a
health care facility without first obtaining a permit shall
be fined an amount not to exceed $25,000 plus an additional
$25,000 for each 30-day period, or fraction thereof, that
the violation continues.
(5) A person who discontinues a health care facility or
a category of service without first obtaining a permit
shall be fined an amount not to exceed $10,000 plus an
additional $10,000 for each 30-day period, or fraction
thereof, that the violation continues. For purposes of this
subparagraph (5), facilities licensed under the Nursing
Home Care Act or the MR/DD Community Care Act, with the
exceptions of facilities operated by a county or Illinois
Veterans Homes, are exempt from this permit requirement.
However, facilities licensed under the Nursing Home Care
Act or the MR/DD Community Care Act must comply with
Section 3-423 of the Nursing Home Care Act or Section 3-423
of the MR/DD Community Care Act and must provide the Board
with 30-days' written notice of its intent to close.
(6) A person subject to this Act who fails to provide
information requested by the State Board or Agency within
30 days of a formal written request shall be fined an
amount not to exceed $1,000 plus an additional $1,000 for

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each 30-day period, or fraction thereof, that the
information is not received by the State Board or Agency.
(c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10.
(d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(Source: P.A. 95-543, eff. 8-28-07; 96-339, eff. 7-1-10.)
Section 22. The State Finance Act is amended by changing
Section 5.589 as follows:
(30 ILCS 105/5.589)
Sec. 5.589. The Equity Innovations in Long-term Care
Quality Demonstration Grants Fund.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 23. The Innovations in Long-term Care Quality
Grants Act is amended by changing the title of the Act and
Sections 1, 5, 10, 15, and 20 as follows:
(30 ILCS 772/Act title)

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An Act to create the Equity Innovations in Long-term Care
Quality Grants Act.
(30 ILCS 772/1)
Sec. 1. Short title. This Act may be cited as the Equity
Innovations in Long-term Care Quality Grants Act.
(Source: P.A. 92-784, eff. 8-6-02.)
(30 ILCS 772/5)
Sec. 5. Grant program. The Director of Public Health shall
establish a long-term care grant program that brings
demonstrates the best practices and innovation in for long-term
care and services to residents of facilities licensed under the
Nursing Home Care Act, and facilities that are in receivership,
that are in areas the Director has determined are without
access to high-quality nursing home care service, delivery, and
housing. The grants must fund programs that demonstrate
creativity in service provision through the scope of their
program or service.
(Source: P.A. 92-784, eff. 8-6-02.)
(30 ILCS 772/10)
Sec. 10. Eligibility for grant. Initial grants may be made
only to assist residents of facilities licensed under the
Nursing Home Care Act that are in areas the Director has
determined are without access to high-quality nursing home care

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and either:
(1) (A) are in receivership, are under the control of a
temporary manager, or are being assisted by an independent
consultant; and (B) have a receiver, temporary manager, or
independent consultant who (i) has demonstrated experience
in initiating or continuing best practices and innovation
in nursing home care and services and (ii) has a commitment
of long-term cooperation and assistance from facilities
licensed under the Nursing Home Care Act that have a
history of providing high-quality nursing home care and
services that reflect best practices and innovation; or
(2) within the preceding 2 years, were acquired or
opened by an owner who has demonstrated experience in
initiating or continuing best practices and innovation in
nursing home care and services and has a commitment of
long-term cooperation and assistance from facilities
licensed under the Nursing Home Care Act that have a
history of providing high-quality nursing home care and
services that reflect best practices and innovation.
The grant must be used to bring, or assist in bringing,
high-quality nursing home care to the residents of the facility
within a realistic time frame. Grants may be for more than one
year.
A grant application submitted by a receiver and initially
given to a receiver may subsequently be given to a new owner of
the facility, if the owner:

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(1) Agrees to comply with the requirements of the
original grant and with the plan submitted by the receiver
for continuing and increasing adherence to best practices
in providing high-quality nursing home care, or submits
another realistic plan that would achieve the same end as
the receiver's plan.
(2) Has demonstrated experience in initiating or
continuing best practices and innovation in nursing home
care and services, and has a commitment of long-term
cooperation and assistance (to be provided without
compensation) from facilities licensed under the Nursing
Home Care Act that have a history of providing high-quality
nursing home care and services that reflect best practices
and innovation. Grants may only be made to facilities
licensed under the Nursing Home Care Act. Grants may only
be made for projects that show innovations and measurable
improvement in resident care, quality of life, use of
technology, or customer satisfaction.
(Source: P.A. 92-784, eff. 8-6-02.)
(30 ILCS 772/15)
Sec. 15. Equity Innovations in Long-term Care Quality
Demonstration Grants Fund.
(a) There is created in the State treasury a special fund
to be known as the Equity Innovations in Long-term Care Quality
Demonstration Grants Fund. Grants shall be funded using federal

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civil monetary penalties collected and deposited into the Long
Term Care Monitor/Receiver Fund established under the Nursing
Home Care Act. Subject to appropriation, moneys in the Fund
shall be used to improve the quality of nursing home care in
areas without access to high-quality long-term care for
demonstration grants to nursing homes. Interest earned on
moneys in the Fund shall be deposited into the Fund.
(b) The Department may use no more than 10% of the moneys
deposited into the Fund in any year to administer the program
established by the Fund and to implement the requirements of
the Nursing Home Care Act with respect to distressed
facilities.
(Source: P.A. 92-784, eff. 8-6-02.)
(30 ILCS 772/20)
Sec. 20. Award of grants.
(a) Applications for grants must be made in a manner on
forms prescribed by the Director of Public Health by rule.
Expenditures made in a manner with any grant, and the results
therefrom, shall be included (if applicable) in the reports
filed by the receiver with the court and shall be reported to
the Department in a manner prescribed by rule and by the
contract entered into by the grant recipient with the
Department. An applicant for a grant shall submit to the
Department, and (if applicable) to the court, a specific plan
for continuing and increasing adherence to best practices in

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providing high-quality nursing home care once the grant has
ended.
(b) The applications must be reviewed, ranked, and
recommended by a commission composed of 5 representatives
chosen from recommendations made by organizations representing
long-term care facilities in Illinois, a citizen member from
AARP, one representative from an a disabled advocacy
organization for persons with disabilities, one representative
from the statewide ombudsman organization, one representative
from academia, one representative from a nursing home
residents' advocacy organization, one representative from an
organization with expertise in improving the access of persons
in medically underserved areas to high-quality medical care, at
least 2 experts in accounting or finance, the Director of
Public Health, the Director of Aging, and one representative
selected by the leader of each legislative caucus. With the
exception of legislative members, members shall be appointed by
the Director of Public Health. The commission shall perform its
duties under this subsection (b) in consultation with the
medical school located at the Champaign-Urbana campus of the
University of Illinois.
(c) The commission shall rank applications according to the
following criteria:
(1) improvement in direct care to residents;
(2) increased efficiency through the use of
technology;

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(3) improved quality of care through the use of
technology;
(4) increased access and delivery of service;
(5) enhancement of nursing staff training;
(6) effectiveness of the project as a demonstration;
and
(7) transferability of the project to other sites.
(c) (d) The Director shall award grants based on the
recommendations of the commission and after a thorough review
of the compliance history of the applicants long-term care
facility.
(Source: P.A. 92-784, eff. 8-6-02.)
Section 25. The Nursing Home Care Act is amended by
changing Sections 1-114.01, 1-117, 1-122, 1-129, 1-130, 2-104,
2-106.1, 2-201.5, 2-201.6, 2-205, 3-103, 3-113, 3-117, 3-119,
3-206, 3-206.01, 3-206.02, 3-212, 3-303, 3-303.2, 3-304.1,
3-305, 3-306, 3-309, 3-310, 3-318, 3-402, 3-501, and 3-504 and
by adding Sections 1-114.005, 1-120.3, 1-120.7, 1-128.5,
1-132, 2-104.3, 2-114, 2-201.7, 3-120, 3-202.05, 3-202.2a,
3-202.2b, 3-304.2, 3-808, 3-809, and 3-810 as follows:
(210 ILCS 45/1-114.005 new)
Sec. 1-114.005. High risk designation. "High risk
designation" means a violation of a provision of the Illinois
Administrative Code that has been identified by the Department

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through rulemaking to be inherently necessary to protect the
health, safety, and welfare of a resident.
(210 ILCS 45/1-114.01)
Sec. 1-114.01. Identified offender. "Identified offender"
means a person who meets any of the following criteria:
(1) Has been convicted of, found guilty of, adjudicated
delinquent for, found not guilty by reason of insanity for,
or found unfit to stand trial for, any felony offense
listed in Section 25 of the Health Care Worker Background
Check Act, except for the following: (i) a felony offense
described in Section 10-5 of the Nurse Practice Act; (ii) a
felony offense described in Section 4, 5, 6, 8, or 17.02 of
the Illinois Credit Card and Debit Card Act; (iii) a felony
offense described in Section 5, 5.1, 5.2, 7, or 9 of the
Cannabis Control Act; (iv) a felony offense described in
Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
Illinois Controlled Substances Act; and (v) a felony
offense described in the Methamphetamine Control and
Community Protection Act.
(2) Has been convicted of, adjudicated delinquent for,
found not guilty by reason of insanity for, or found unfit
to stand trial for, any sex offense as defined in
subsection (c) of Section 10 of the Sex Offender Management
Board Act.
(3) Is any other resident as determined by the

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Department of State Police. who has been convicted of any
felony offense listed in Section 25 of the Health Care
Worker Background Check Act, is a registered sex offender,
or is serving a term of parole, mandatory supervised
release, or probation for a felony offense.
(Source: P.A. 94-163, eff. 7-11-05.)
(210 ILCS 45/1-117) (from Ch. 111 1/2, par. 4151-117)
Sec. 1-117. Neglect. "Neglect" means a facility's failure
in a facility to provide, or willful withholding of, adequate
medical care, mental health treatment, psychiatric
rehabilitation, personal care, or assistance with activities
of daily living that is necessary to avoid physical harm,
mental anguish, or mental illness of a resident adequate
medical or personal care or maintenance, which failure results
in physical or mental injury to a resident or in the
deterioration of a resident's physical or mental condition.
(Source: P.A. 81-223.)
(210 ILCS 45/1-120.3 new)
Sec. 1-120.3. Provisional admission period. "Provisional
admission period" means the time between the admission of an
identified offender as defined in Section 1-114.01 and 3 days
following the admitting facility's receipt of an Identified
Offender Report and Recommendation in accordance with Section
2-201.6.

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(210 ILCS 45/1-120.7 new)
Sec. 1-120.7. Psychiatric services rehabilitation aide.
"Psychiatric services rehabilitation aide" means an individual
employed by a long-term care facility to provide, for mentally
ill residents, at a minimum, crisis intervention,
rehabilitation, and assistance with activities of daily
living.
(210 ILCS 45/1-122) (from Ch. 111 1/2, par. 4151-122)
Sec. 1-122. Resident. "Resident" means a person residing in
and receiving personal or medical care, including but not
limited to mental health treatment, psychiatric
rehabilitation, physical rehabilitation, and assistance with
activities of daily living, care from a facility.
(Source: P.A. 81-223.)
(210 ILCS 45/1-128.5 new)
Sec. 1-128.5. Type "AA" violation. A "Type 'AA' violation"
means a violation of this Act or of the rules promulgated
thereunder which creates a condition or occurrence relating to
the operation and maintenance of a facility that proximately
caused a resident's death.
(210 ILCS 45/1-129) (from Ch. 111 1/2, par. 4151-129)
Sec. 1-129. Type "A" violation. A "Type 'A' violation"

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means a violation of this Act or of the rules promulgated
thereunder which creates a condition or occurrence relating to
the operation and maintenance of a facility that (i) creates
presenting a substantial probability that the risk of death or
serious mental or physical harm to a resident will result
therefrom or (ii) has resulted in actual physical or mental
harm to a resident.
(Source: P.A. 81-223.)
(210 ILCS 45/1-130) (from Ch. 111 1/2, par. 4151-130)
Sec. 1-130. Type "B" violation. A "Type 'B' violation"
means a violation of this Act or of the rules promulgated
thereunder which creates a condition or occurrence relating to
the operation and maintenance of a facility that is more likely
than not to cause more than minimal physical or mental harm to
directly threatening to the health, safety or welfare of a
resident.
(Source: P.A. 81-223.)
(210 ILCS 45/1-132 new)
Sec. 1-132. Type "C" violation. A "Type 'C' violation"
means a violation of this Act or of the rules promulgated
thereunder which creates a condition or occurrence relating to
the operation and maintenance of a facility that creates a
substantial probability that less than minimal physical or
mental harm to a resident will result therefrom.

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(210 ILCS 45/2-104) (from Ch. 111 1/2, par. 4152-104)
Sec. 2-104. (a) A resident shall be permitted to retain the
services of his own personal physician at his own expense or
under an individual or group plan of health insurance, or under
any public or private assistance program providing such
coverage. However, the facility is not liable for the
negligence of any such personal physician. Every resident shall
be permitted to obtain from his own physician or the physician
attached to the facility complete and current information
concerning his medical diagnosis, treatment and prognosis in
terms and language the resident can reasonably be expected to
understand. Every resident shall be permitted to participate in
the planning of his total care and medical treatment to the
extent that his condition permits. No resident shall be
subjected to experimental research or treatment without first
obtaining his informed, written consent. The conduct of any
experimental research or treatment shall be authorized and
monitored by an institutional review board committee appointed
by the Director administrator of the facility where such
research and treatment is conducted. The membership, operating
procedures and review criteria for the institutional review
board committees shall be prescribed under rules and
regulations of the Department and shall comply with the
requirements for institutional review boards established by
the federal Food and Drug Administration. No person who has

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received compensation in the prior 3 years from an entity that
manufactures, distributes, or sells pharmaceuticals,
biologics, or medical devices may serve on the institutional
review board.
The institutional review board may approve only research or
treatment that meets the standards of the federal Food and Drug
Administration with respect to (i) the protection of human
subjects and (ii) financial disclosure by clinical
investigators. The Office of State Long Term Care Ombudsman and
the State Protection and Advocacy organization shall be given
an opportunity to comment on any request for approval before
the board makes a decision. Those entities shall not be
provided information that would allow a potential human subject
to be individually identified, unless the board asks the
Ombudsman for help in securing information from or about the
resident. The board shall require frequent reporting of the
progress of the approved research or treatment and its impact
on residents, including immediate reporting of any adverse
impact to the resident, the resident's representative, the
Office of the State Long Term Care Ombudsman, and the State
Protection and Advocacy organization. The board may not approve
any retrospective study of the records of any resident about
the safety or efficacy of any care or treatment if the resident
was under the care of the proposed researcher or a business
associate when the care or treatment was given, unless the
study is under the control of a researcher without any business

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relationship to any person or entity who could benefit from the
findings of the study.
No facility shall permit experimental research or
treatment to be conducted on a resident, or give access to any
person or person's records for a retrospective study about the
safety or efficacy of any care or treatment, without the prior
written approval of the institutional review board. No nursing
home administrator, or person licensed by the State to provide
medical care or treatment to any person, may assist or
participate in any experimental research on or treatment of a
resident, including a retrospective study, that does not have
the prior written approval of the board. Such conduct shall be
grounds for professional discipline by the Department of
Financial and Professional Regulation.
The institutional review board may exempt from ongoing
review research or treatment initiated on a resident before the
individual's admission to a facility and for which the board
determines there is adequate ongoing oversight by another
institutional review board. Nothing in this Section shall
prevent a facility, any facility employee, or any other person
from assisting or participating in any experimental research on
or treatment of a resident, if the research or treatment began
before the person's admission to a facility, until the board
has reviewed the research or treatment and decided to grant or
deny approval or to exempt the research or treatment from
ongoing review.

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(b) All medical treatment and procedures shall be
administered as ordered by a physician. All new physician
orders shall be reviewed by the facility's director of nursing
or charge nurse designee within 24 hours after such orders have
been issued to assure facility compliance with such orders.
According to rules adopted by the Department, every woman
resident of child-bearing age shall receive routine
obstetrical and gynecological evaluations as well as necessary
prenatal care.
(c) Every resident shall be permitted to refuse medical
treatment and to know the consequences of such action, unless
such refusal would be harmful to the health and safety of
others and such harm is documented by a physician in the
resident's clinical record. The resident's refusal shall free
the facility from the obligation to provide the treatment.
(d) Every resident, resident's guardian, or parent if the
resident is a minor shall be permitted to inspect and copy all
his clinical and other records concerning his care and
maintenance kept by the facility or by his physician. The
facility may charge a reasonable fee for duplication of a
record.
(Source: P.A. 86-1013.)
(210 ILCS 45/2-104.3 new)
Sec. 2-104.3. Serious mental illness; rescreening.
(a) All persons admitted to a nursing home facility with a

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diagnosis of serious mental illness who remain in the facility
for a period of 90 days shall be re-screened by the Department
of Human Services or its designee at the end of the 90-day
period, at 6 months, and annually thereafter to assess their
continuing need for nursing facility care and shall be advised
of all other available care options.
(b) The Department of Human Services, by rule, shall
provide for a prohibition on conflicts of interest for
pre-admission screeners. The rule shall provide for waiver of
those conflicts by the Department of Human Services if the
Department of Human Services determines that a scarcity of
qualified pre-admission screeners exists in a given community
and that, absent a waiver of conflict, an insufficient number
of pre-admission screeners would be available. If a conflict is
waived, the pre-admission screener shall disclose the conflict
of interest to the screened individual in the manner provided
for by rule of the Department of Human Services. For the
purposes of this subsection, a "conflict of interest" includes,
but is not limited to, the existence of a professional or
financial relationship between (i) a PAS-MH corporate or a
PAS-MH agent performing the rescreening and (ii) a community
provider or long-term care facility.
(210 ILCS 45/2-106.1)
Sec. 2-106.1. Drug treatment.
(a) A resident shall not be given unnecessary drugs. An

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unnecessary drug is any drug used in an excessive dose,
including in duplicative therapy; for excessive duration;
without adequate monitoring; without adequate indications for
its use; or in the presence of adverse consequences that
indicate the drugs should be reduced or discontinued. The
Department shall adopt, by rule, the standards for unnecessary
drugs contained in interpretive guidelines issued by the United
States Department of Health and Human Services for the purposes
of administering Titles XVIII and XIX of the Social Security
Act.
(b) Psychotropic medication shall not be prescribed
without the informed consent of the resident, the resident's
guardian, or other authorized representative. "Psychotropic
medication" means medication that is used for or listed as used
for antipsychotic, antidepressant, antimanic, or antianxiety
behavior modification or behavior management purposes in the
latest editions of the AMA Drug Evaluations or the Physician's
Desk Reference. The Department shall adopt, by rule, a protocol
specifying how informed consent for psychotropic medication
may be obtained or refused. The protocol shall require, at a
minimum, a discussion between (i) the resident or the
resident's authorized representative and (ii) the resident's
physician, a registered pharmacist (who is not a dispensing
pharmacist for the facility where the resident lives), or a
licensed nurse about the possible risks and benefits of a
recommended medication and the use of standardized consent

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forms designated by the Department. Each form developed by the
Department (i) shall be written in plain language, (ii) shall
be able to be downloaded from the Department's official
website, (iii) shall include information specific to the
psychotropic medication for which consent is being sought, and
(iv) shall be used for every resident for whom psychotropic
drugs are prescribed. In addition to creating those forms, the
Department shall approve the use of any other informed consent
forms that meet criteria developed by the Department.
In addition to any other penalty prescribed by law, a
facility that is found to have violated this subsection, or the
federal certification requirement that informed consent be
obtained before administering a psychotropic medication, shall
thereafter be required to obtain the signatures of 2 licensed
health care professionals on every form purporting to give
informed consent for the administration of a psychotropic
medication, certifying the personal knowledge of each health
care professional that the consent was obtained in compliance
with the requirements of this subsection.
(c) The requirements of this Section are intended to
control in a conflict with the requirements of Sections 2-102
and 2-107.2 of the Mental Health and Developmental Disabilities
Code with respect to the administration of psychotropic
medication.
(Source: P.A. 95-331, eff. 8-21-07.)

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(210 ILCS 45/2-114 new)
Sec. 2-114. Unlawful discrimination. No resident shall be
subjected to unlawful discrimination as defined in Section
1-103 of the Illinois Human Rights Act by any owner, licensee,
administrator, employee, or agent of a facility. Unlawful
discrimination does not include an action by any owner,
licensee, administrator, employee, or agent of a facility that
is required by this Act or rules adopted under this Act.
(210 ILCS 45/2-201.5)
Sec. 2-201.5. Screening prior to admission.
(a) All persons age 18 or older seeking admission to a
nursing facility must be screened to determine the need for
nursing facility services prior to being admitted, regardless
of income, assets, or funding source. In addition, any person
who seeks to become eligible for medical assistance from the
Medical Assistance Program under the Illinois Public Aid Code
to pay for long term care services while residing in a facility
must be screened prior to receiving those benefits. Screening
for nursing facility services shall be administered through
procedures established by administrative rule. Screening may
be done by agencies other than the Department as established by
administrative rule. This Section applies on and after July 1,
1996. No later than October 1, 2010, the Department of
Healthcare and Family Services, in collaboration with the
Department on Aging, the Department of Human Services, and the

SB0326 Enrolled - 39 - LRB096 03655 DRJ 13683 b
Department of Public Health, shall file administrative rules
providing for the gathering, during the screening process, of
information relevant to determining each person's potential
for placing other residents, employees, and visitors at risk of
harm.
(a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility
due to a need for mental health services. For a person who
needs mental health services, the screening shall also include
an evaluation of whether there is permanent supportive housing,
or an array of community mental health services, including but
not limited to supported housing, assertive community
treatment, and peer support services, that would enable the
person to live in the community. The person shall be told about
the existence of any such services that would enable the person
to live safely and humanely and about available appropriate
nursing home services that would enable the person to live
safely and humanely, and the person shall be given the
assistance necessary to avail himself or herself of any
available services.
(a-2) Pre-screening for persons with a serious mental
illness shall be performed by a psychiatrist, a psychologist, a
registered nurse certified in psychiatric nursing, a licensed
clinical professional counselor, or a licensed clinical social
worker, who is competent to (i) perform a clinical assessment

SB0326 Enrolled - 40 - LRB096 03655 DRJ 13683 b
of the individual, (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for
treatment, including substance abuse treatment, and recommend
specific treatment, and (iv) determine whether a facility or a
community-based program is able to meet the needs of the
individual.
For any person entering a nursing facility, the
pre-screening agent shall make specific recommendations about
what care and services the individual needs to receive,
beginning at admission, to attain or maintain the individual's
highest level of independent functioning and to live in the
most integrated setting appropriate for his or her physical and
personal care and developmental and mental health needs. These
recommendations shall be revised as appropriate by the
pre-screening or re-screening agent based on the results of
resident review and in response to changes in the resident's
wishes, needs, and interest in transition.
Upon the person entering the nursing facility, the
Department of Human Services or its designee shall assist the
person in establishing a relationship with a community mental
health agency or other appropriate agencies in order to (i)
promote the person's transition to independent living and (ii)
support the person's progress in meeting individual goals.
(a-3) The Department of Human Services, by rule, shall
provide for a prohibition on conflicts of interest for
pre-admission screeners. The rule shall provide for waiver of

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those conflicts by the Department of Human Services if the
Department of Human Services determines that a scarcity of
qualified pre-admission screeners exists in a given community
and that, absent a waiver of conflicts, an insufficient number
of pre-admission screeners would be available. If a conflict is
waived, the pre-admission screener shall disclose the conflict
of interest to the screened individual in the manner provided
for by rule of the Department of Human Services. For the
purposes of this subsection, a "conflict of interest" includes,
but is not limited to, the existence of a professional or
financial relationship between (i) a PAS-MH corporate or a
PAS-MH agent and (ii) a community provider or long-term care
facility.
(b) In addition to the screening required by subsection
(a), a facility, except for those licensed as long term care
for under age 22 facilities, shall, within 24 hours after
admission, request a criminal history background check
pursuant to the Uniform Conviction Information Act for all
persons age 18 or older seeking admission to the facility,
unless a background check was initiated by a hospital pursuant
to subsection (d) of Section 6.09 of the Hospital Licensing
Act. Background checks conducted pursuant to this Section shall
be based on the resident's name, date of birth, and other
identifiers as required by the Department of State Police. If
the results of the background check are inconclusive, the
facility shall initiate a fingerprint-based check, unless the

SB0326 Enrolled - 42 - LRB096 03655 DRJ 13683 b
fingerprint check is waived by the Director of Public Health
based on verification by the facility that the resident is
completely immobile or that the resident meets other criteria
related to the resident's health or lack of potential risk
which may be established by Departmental rule. A waiver issued
pursuant to this Section shall be valid only while the resident
is immobile or while the criteria supporting the waiver exist.
The facility shall provide for or arrange for any required
fingerprint-based checks to be taken on the premises of the
facility. If a fingerprint-based check is required, the
facility shall arrange for it to be conducted in a manner that
is respectful of the resident's dignity and that minimizes any
emotional or physical hardship to the resident.
A facility, except for those licensed as long term care for
under age 22 facilities, shall, within 60 days after the
effective date of this amendatory Act of the 94th General
Assembly, request a criminal history background check pursuant
to the Uniform Conviction Information Act for all persons who
are residents of the facility on the effective date of this
amendatory Act of the 94th General Assembly. The facility shall
review the results of the criminal history background checks
immediately upon receipt thereof. If the results of the
background check are inconclusive, the facility shall initiate
a fingerprint-based check unless the fingerprint-based check
is waived by the Director of Public Health based on
verification by the facility that the resident is completely

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immobile or that the resident meets other criteria related to
the resident's health or lack of potential risk which may be
established by Departmental rule. A waiver issued pursuant to
this Section shall be valid only while the resident is immobile
or while the criteria supporting the waiver exist. The facility
shall provide for or arrange for any required fingerprint-based
checks to be taken on the premises of the facility. If a
fingerprint-based check is required, the facility shall
arrange for it to be conducted in a manner that is respectful
of the resident's dignity and that minimizes any emotional or
physical hardship to the resident.
(c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01, the facility shall do
the following:
(1) Immediately notify the Department of State Police,
in the form and manner required by the Department of State
Police, in collaboration with the Department of Public
Health, that the resident is an identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender resident. The inquiry shall be based on
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Department of
State Police. The inquiry shall be processed through the
files of the Department of State Police and the Federal

SB0326 Enrolled - 44 - LRB096 03655 DRJ 13683 b
Bureau of Investigation to locate any criminal history
record information that may exist regarding the subject.
The Federal Bureau of Investigation shall furnish to the
Department of State Police, pursuant to an inquiry under
this paragraph (2), any criminal history record
information contained in its files.
The facility shall comply with all applicable provisions
contained in the Uniform Conviction Information Act.
All name-based and fingerprint-based criminal history
record inquiries shall be submitted to the Department of State
Police electronically in the form and manner prescribed by the
Department of State Police. The Department of State Police may
charge the facility a fee for processing name-based and
fingerprint-based criminal history record inquiries. The fee
shall be deposited into the State Police Services Fund. The fee
shall not exceed the actual cost of processing the inquiry. the
facility shall immediately fax the resident's name and criminal
history information to the Illinois Department of Public
Health, which shall conduct a Criminal History Analysis
pursuant to Section 2-201.6. The Criminal History Analysis
shall be conducted independently of the Illinois Department of
Public Health's Office of Healthcare Regulation. The Office of
Healthcare Regulation shall have no involvement with the
process of reviewing or analyzing the criminal history of
identified offenders.
(d) (Blank). The Illinois Department of Public Health shall

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keep a continuing record of all residents determined to be
identified offenders under Section 1-114.01 and shall report
the number of identified offender residents annually to the
General Assembly.
(e) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6) and the adequacy of Department requirements
concerning the provision of care and services to residents. A
resident shall not be listed in the database until a Department
survey confirms the accuracy of the listing. The names of
persons listed in the database and information that would allow
them to be individually identified shall not be made public.
Neither the Department nor any other agency of State government
may use information in the database to take any action against
any individual, licensee, or other entity, unless the
Department or agency receives the information independent of
this subsection (e). All information collected, maintained, or
developed under the authority of this subsection (e) for the
purposes of the database maintained under this subsection (e)
shall be treated in the same manner as information that is
subject to Part 21 of Article VIII of the Code of Civil
Procedure.

SB0326 Enrolled - 46 - LRB096 03655 DRJ 13683 b
(Source: P.A. 94-163, eff. 7-11-05; 94-752, eff. 5-10-06.)
(210 ILCS 45/2-201.6)
Sec. 2-201.6. Criminal History Report Analysis.
(a) The Department of State Police shall prepare
immediately commence a Criminal History Report Analysis when it
receives information, through the criminal history background
check required pursuant to subsection (d) of Section 6.09 of
the Hospital Licensing Act or subsection (c) (b) of Section
2-201.5, or through any other means, that a resident of a
facility is an identified offender.
(b) The Department of State Police shall complete the
Criminal History Report within 10 business The Department shall
complete the Criminal History Analysis as soon as practicable,
but not later than 14 days after receiving information under
subsection (a) that a resident is an identified offender
receiving notice from the facility under subsection (a).
(c) The Criminal History Report Analysis shall include, but
not be limited to, all of the following:
(1) (Blank). Consultation with the identified
offender's assigned parole agent or probation officer, if
applicable.
(2) (Blank). Consultation with the convicting
prosecutor's office.
(3) (Blank). A review of the statement of facts, police
reports, and victim impact statements, if available.

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(3.5) Copies of the identified offender's parole,
mandatory supervised release, or probation orders.
(4) An interview with the identified offender.
(5) (Blank). Consultation with the facility
administrator or facility medical director, or both,
regarding the physical condition of the identified
offender.
(6) A detailed summary Consideration of the entire
criminal history of the offender, including arrests,
convictions, and the date of the identified offender's last
conviction relative to the date of admission to a long-term
care facility.
(7) If the identified offender is a convicted or
registered sex offender, a review of any and all sex
offender evaluations conducted on that offender. If there
is no sex offender evaluation available, the Department of
State Police shall arrange, through the Department of
Public Health, provide for a sex offender evaluation to be
conducted on the identified offender. If the convicted or
registered sex offender is under supervision by the
Illinois Department of Corrections or a county probation
department, the sex offender evaluation shall be arranged
by and at the expense of the supervising agency. All
evaluations conducted on convicted or registered sex
offenders under this Act shall be conducted by sex offender
evaluators approved by the Sex Offender Management Board.

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(d) The Department of State Police shall provide the
prepare a Criminal History Analysis Report to a licensed
forensic psychologist. After (i) consideration of the Criminal
History Report, (ii) consultation with the facility
administrator or the facility medical director, or both,
regarding the mental and physical condition of the identified
offender, and (iii) reviewing the facility's file on the
identified offender, including all incident reports, all
information regarding medication and medication compliance,
and all information regarding previous discharges or transfers
from other facilities, the licensed forensic psychologist
shall prepare an Identified Offender Report and
Recommendation. The Identified Offender Report and
Recommendation based on the analysis conducted pursuant to
subsection (c). The Report shall include a summary of the Risk
Analysis and shall detail whether and to what extent the
identified offender's criminal history necessitates the
implementation of security measures within the long-term care
facility. If the identified offender is a convicted or
registered sex offender or if the Identified Offender Report
and Recommendation Department's Criminal History Analysis
reveals that the identified offender poses a significant risk
of harm to others within the facility, the offender shall be
required to have his or her own room within the facility.
(e) The licensed forensic psychologist shall complete the
Identified Offender Report and Recommendation within 14

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business days after receiving the Criminal History Analysis
Report and shall promptly provide the Identified Offender
Report and Recommendation to the Department of State Police,
which shall provide the Identified Offender Report and
Recommendation be provided to the following:
(1) The long-term care facility within which the
identified offender resides.
(2) The Chief of Police of the municipality in which
the facility is located.
(3) The State of Illinois Long Term Care Ombudsman.
(4) The Department of Public Health.
(e-5) The Department of Public Health shall keep a
continuing record of all residents determined to be identified
offenders as defined in Section 1-114.01 and shall report the
number of identified offender residents annually to the General
Assembly.
(f) The facility shall incorporate the Identified Offender
Report and Recommendation Criminal History Analysis Report
into the identified offender's care plan created pursuant to 42
CFR 483.20.
(g) If, based on the Identified Offender Report and
Recommendation Criminal History Analysis Report, a facility
determines that it cannot manage the identified offender
resident safely within the facility, it shall commence
involuntary transfer or discharge proceedings pursuant to
Section 3-402.

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(h) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal
History Analysis or Criminal History Analysis Report or
Identified Offender Report and Recommendation is immune from
criminal or civil liability for any acts or omissions as the
result of his or her good faith effort to comply with this
Section.
(Source: P.A. 94-752, eff. 5-10-06.)
(210 ILCS 45/2-201.7 new)
Sec. 2-201.7. Expanded criminal history background check
pilot program.
(a) The purpose of this Section is to establish a pilot
program based in Cook and Will counties in which an expanded
criminal history background check screening process will be
utilized to better identify residents of licensed long term
care facilities who, because of their criminal histories, may
pose a risk to other vulnerable residents.
(b) In this Section, "mixed population facility" means a
facility that has more than 25 residents with a diagnosis of
serious mental illness and residents 65 years of age or older.
(c) Every mixed population facility located in Cook County
or Will County shall participate in the pilot program and shall
employ expanded criminal history background check screening
procedures for all residents admitted to the facility who are
at least 18 years of age but less than 65 years of age. Under

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the pilot program, criminal history background checks required
under this Act shall employ fingerprint-based criminal history
record inquiries or comparably comprehensive name-based
criminal history background checks. Fingerprint-based criminal
history record inquiries shall be conducted pursuant to
subsection (c-2) of Section 2-201.5. A Criminal History Report
and an Identified Offender Report and Recommendation shall be
completed pursuant to Section 2-201.6 if the results of the
expanded criminal history background check reveal that a
resident is an identified offender as defined in Section
1-114.01.
(d) If an expanded criminal history background check
reveals that a resident is an identified offender as defined in
Section 1-114.01, the facility shall be notified within 72
hours.
(e) The cost of the expanded criminal history background
checks conducted pursuant to the pilot program shall not exceed
$50 per resident and shall be paid by the facility. The
Department of State Police shall implement all potential
measures to minimize the cost of the expanded criminal history
background checks to the participating long term care
facilities.
(f) The pilot program shall run for a period of one year
after the effective date of this amendatory Act of the 96th
General Assembly. Promptly after the end of that one-year
period, the Department shall report the results of the pilot

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program to the General Assembly.
(210 ILCS 45/2-205) (from Ch. 111 1/2, par. 4152-205)
Sec. 2-205. The following information is subject to
disclosure to the public from the Department or the Department
of Healthcare and Family Services:
(1) Information submitted under Sections 3-103 and
3-207 except information concerning the remuneration of
personnel licensed, registered, or certified by the
Department of Professional Regulation and monthly charges
for an individual private resident;
(2) Records of license and certification inspections,
surveys, and evaluations of facilities, other reports of
inspections, surveys, and evaluations of resident care,
whether a facility has been designated a distressed
facility, and the basis for the designation, and reports
concerning a facility prepared pursuant to Titles XVIII and
XIX of the Social Security Act, subject to the provisions
of the Social Security Act;
(3) Cost and reimbursement reports submitted by a
facility under Section 3-208, reports of audits of
facilities, and other public records concerning costs
incurred by, revenues received by, and reimbursement of
facilities; and
(4) Complaints filed against a facility and complaint
investigation reports, except that a complaint or

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complaint investigation report shall not be disclosed to a
person other than the complainant or complainant's
representative before it is disclosed to a facility under
Section 3-702, and, further, except that a complainant or
resident's name shall not be disclosed except under Section
3-702.
The Department shall disclose information under this
Section in accordance with provisions for inspection and
copying of public records required by the Freedom of
Information Act.
However, the disclosure of information described in
subsection (1) shall not be restricted by any provision of the
Freedom of Information Act.
(Source: P.A. 95-331, eff. 8-21-07.)
(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.
(2) All license applications shall be accompanied with
an application fee. The fee for an annual license shall be
$1,990 $995. 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

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fee for the annual license set forth in the preceding
sentence. 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, and for
implementation of the Abuse Prevention Review Team Act. 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. At the
end of each fiscal year, any funds in excess of $1,000,000
held in the Long Term Care Monitor/Receiver Fund shall be
deposited in the State's General Revenue 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
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;

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(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".
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

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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.
(Source: P.A. 96-758, eff. 8-25-09.)
(210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113)
Sec. 3-113. The license granted to the transferee shall be
subject to the plan of correction submitted by the previous
owner and approved by the Department and any conditions
contained in a conditional license issued to the previous
owner. If there are outstanding violations and no approved plan
of correction has been implemented, the Department may issue a
conditional license and plan of correction as provided in
Sections 3-311 through 3-317. The license granted to a
transferee for a facility that is in receivership shall be
subject to any contractual obligations assumed by a grantee
under the Equity in Long-term Care Quality Act and to the plan
submitted by the receiver for continuing and increasing
adherence to best practices in providing high-quality nursing
home care, unless the grant is repaid, under conditions to be
determined by rule by the Department in its administration of
the Equity in Long-term Care Quality Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(210 ILCS 45/3-117) (from Ch. 111 1/2, par. 4153-117)

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Sec. 3-117. An application for a license may be denied for
any of the following reasons:
(1) Failure to meet any of the minimum standards set
forth by this Act or by rules and regulations promulgated
by the Department under this Act.
(2) Conviction of the applicant, or if the applicant is
a firm, partnership or association, of any of its members,
or if a corporation, the conviction of the corporation or
any of its officers or stockholders, or of the person
designated to manage or supervise the facility, of a
felony, or of 2 or more misdemeanors involving moral
turpitude, during the previous 5 years as shown by a
certified copy of the record of the court of conviction.
(3) Personnel insufficient in number or unqualified by
training or experience to properly care for the proposed
number and type of residents.
(4) Insufficient financial or other resources to
operate and conduct the facility in accordance with
standards promulgated by the Department under this Act and
with contractual obligations assumed by a recipient of a
grant under the Equity in Long-term Care Quality Act and
the plan (if applicable) submitted by a grantee for
continuing and increasing adherence to best practices in
providing high-quality nursing home care.
(5) Revocation of a facility license during the
previous 5 years, if such prior license was issued to the

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individual applicant, a controlling owner or controlling
combination of owners of the applicant; or any affiliate of
the individual applicant or controlling owner of the
applicant and such individual applicant, controlling owner
of the applicant or affiliate of the applicant was a
controlling owner of the prior license; provided, however,
that the denial of an application for a license pursuant to
this subsection must be supported by evidence that such
prior revocation renders the applicant unqualified or
incapable of meeting or maintaining a facility in
accordance with the standards and rules promulgated by the
Department under this Act.
(6) That the facility is not under the direct
supervision of a full-time administrator, as defined by
regulation, who is licensed, if required, under the Nursing
Home Administrators Licensing and Disciplinary Act.
(7) That the facility is in receivership and the
proposed licensee has not submitted a specific detailed
plan to bring the facility into compliance with the
requirements of this Act and with federal certification
requirements, if the facility is certified, and to keep the
facility in such compliance.
(Source: P.A. 95-331, eff. 8-21-07.)
(210 ILCS 45/3-119) (from Ch. 111 1/2, par. 4153-119)
Sec. 3-119. (a) The Department, after notice to the

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applicant or licensee, may suspend, revoke or refuse to renew a
license in any case in which the Department finds any of the
following:
(1) There has been a substantial failure to comply with
this Act or the rules and regulations promulgated by the
Department under this Act. A substantial failure by a
facility shall include, but not be limited to, any of the
following:
(A) termination of Medicare or Medicaid
certification by the Centers for Medicare and Medicaid
Services; or
(B) a failure by the facility to pay any fine
assessed under this Act after the Department has sent
to the facility at least 2 notices of assessment that
include a schedule of payments as determined by the
Department, taking into account extenuating
circumstances and financial hardships of the facility.
(2) Conviction of the licensee, or of the person
designated to manage or supervise the facility, of a
felony, or of 2 or more misdemeanors involving moral
turpitude, during the previous 5 years as shown by a
certified copy of the record of the court of conviction.
(3) Personnel is insufficient in number or unqualified
by training or experience to properly care for the number
and type of residents served by the facility.
(4) Financial or other resources are insufficient to

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conduct and operate the facility in accordance with
standards promulgated by the Department under this Act.
(5) The facility is not under the direct supervision of
a full-time administrator, as defined by regulation, who is
licensed, if required, under the Nursing Home
Administrators Licensing and Disciplinary Act.
(6) The facility has committed 2 Type "AA" violations
within a 2-year period.
(b) Notice under this Section shall include a clear and
concise statement of the violations on which the nonrenewal or
revocation is based, the statute or rule violated and notice of
the opportunity for a hearing under Section 3-703.
(c) If a facility desires to contest the nonrenewal or
revocation of a license, the facility shall, within 10 days
after receipt of notice under subsection (b) of this Section,
notify the Department in writing of its request for a hearing
under Section 3-703. Upon receipt of the request the Department
shall send notice to the facility and hold a hearing as
provided under Section 3-703.
(d) The effective date of nonrenewal or revocation of a
license by the Department shall be any of the following:
(1) Until otherwise ordered by the circuit court,
revocation is effective on the date set by the Department
in the notice of revocation, or upon final action after
hearing under Section 3-703, whichever is later.
(2) Until otherwise ordered by the circuit court,

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nonrenewal is effective on the date of expiration of any
existing license, or upon final action after hearing under
Section 3-703, whichever is later; however, a license shall
not be deemed to have expired if the Department fails to
timely respond to a timely request for renewal under this
Act or for a hearing to contest nonrenewal under paragraph
(c).
(3) The Department may extend the effective date of
license revocation or expiration in any case in order to
permit orderly removal and relocation of residents.
The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
(Source: P.A. 95-331, eff. 8-21-07.)
(210 ILCS 45/3-120 new)
Sec. 3-120. Certification of behavioral management units.
(a) No later than January 1, 2011, the Department shall
file with the Joint Committee on Administrative Rules, pursuant
to the Illinois Administrative Procedure Act, proposed rules or
proposed amendments to existing rules to certify distinct
self-contained units within existing nursing homes for the

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behavioral management of persons with a high risk of
aggression. The purpose of the certification program is to
ensure that the safety of residents, employees, and the public
is preserved.
(b) The Department's rules shall, at a minimum, provide for
the following:
(1) A security and safety assessment, completed before
admission to a certified unit if an Identified Offender
Report and Recommendation or other criminal risk analysis
has not been completed, to identify existing or potential
residents at risk of committing violent acts and determine
appropriate preventive action to be taken. The assessment
shall include, but need not be limited to, (i) a measure of
the frequency of, (ii) an identification of the
precipitating factors for, and (iii) the consequences of,
violent acts. The security and safety assessment shall be
in addition to any risk-of-harm assessment performed by a
PAS screener, but may use the results of this or any other
assessment. The security and safety assessment shall be
completed by the same licensed forensic psychologist who
prepares Identified Offender Reports and Recommendations
for identified offenders.
(2) Development of an individualized treatment and
behavior management plan for each resident to reduce
overall and specific risks.
(3) Room selection and appropriateness of roommate

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assignment.
(4) Protection of residents, employees, and members of
the public from aggression by residents.
(5) Supervision and monitoring.
(6) Staffing levels.
(7) Quality assurance and improvement.
(8) Staff training, conducted during orientation and
periodically thereafter, specific to each job description
covering the following topics as appropriate:
(A) The violence escalation cycle.
(B) Violence predicting factors.
(C) Obtaining a history from a resident with a
history of violent behavior.
(D) Verbal and physical techniques to de-escalate
and minimize violent behavior.
(E) Strategies to avoid physical harm.
(F) Containment techniques, as permitted and
governed by law.
(G) Appropriate treatment to reduce violent
behavior.
(H) Documenting and reporting incidents of
violence.
(I) The process whereby employees affected by a
violent act may be debriefed or calmed down and the
tension of the situation may be reduced.
(J) Any resources available to employees for

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coping with violence.
(K) Any other topic deemed appropriate based on job
description and the needs of this population.
(9) Elimination or reduction of environmental factors
that affect resident safety.
(10) Periodic independent reassessment of the
individual resident for appropriateness of continued
placement on the certified unit. For the purposes of this
paragraph (10), "independent" means that no professional
or financial relationship exists between any person making
the assessment and any community provider or long term care
facility.
(11) A definition of a "person with high risk of
aggression".
The Department shall develop the administrative rules
under this subsection (b) in collaboration with other relevant
State agencies and in consultation with (i) advocates for
residents, (ii) providers of nursing home services, and (iii)
labor and employee-representation organizations.
(c) A long term care facility found to be out of compliance
with the certification requirements under Section 3-120 may be
subject to denial, revocation, or suspension of the behavioral
management unit certification or the imposition of sanctions
and penalties, including the immediate suspension of new
admissions. Hearings shall be conducted pursuant to Part 7 of
Article III of this Act.

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(d) The Department shall establish a certification fee
schedule by rule, in consultation with advocates, nursing
homes, and representatives of associations representing long
term care facilities.
(210 ILCS 45/3-202.05 new)
Sec. 3-202.05. Staffing ratios effective July 1, 2010 and
thereafter.
(a) For the purpose of computing staff to resident ratios,
direct care staff shall include:
(1) registered nurses;
(2) licensed practical nurses;
(3) certified nurse assistants;
(4) psychiatric services rehabilitation aides;
(5) rehabilitation and therapy aides;
(6) psychiatric services rehabilitation coordinators;
(7) assistant directors of nursing;
(8) 50% of the Director of Nurses' time; and
(9) 30% of the Social Services Directors' time.
The Department shall, by rule, allow certain facilities
subject to 77 Ill. Admin. Code 300.4000 and following (Subpart
S) and 300.6000 and following (Subpart T) to utilize
specialized clinical staff, as defined in rules, to count
towards the staffing ratios.
(b) Beginning July 1, 2011, and thereafter, light
intermediate care shall be staffed at the same staffing ratio

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as intermediate care.
(c) Facilities shall notify the Department within 60 days
after the effective date of this amendatory Act of the 96th
General Assembly, in a form and manner prescribed by the
Department, of the staffing ratios in effect on the effective
date of this amendatory Act of the 96th General Assembly for
both intermediate and skilled care and the number of residents
receiving each level of care.
(d)(1) Effective July 1, 2010, for each resident needing
skilled care, a minimum staffing ratio of 2.5 hours of nursing
and personal care each day must be provided; for each resident
needing intermediate care, 1.7 hours of nursing and personal
care each day must be provided.
(2) Effective January 1, 2011, the minimum staffing
ratios shall be increased to 2.7 hours of nursing and
personal care each day for a resident needing skilled care
and 1.9 hours of nursing and personal care each day for a
resident needing intermediate care.
(3) Effective January 1, 2012, the minimum staffing
ratios shall be increased to 3.0 hours of nursing and
personal care each day for a resident needing skilled care
and 2.1 hours of nursing and personal care each day for a
resident needing intermediate care.
(4) Effective January 1, 2013, the minimum staffing
ratios shall be increased to 3.4 hours of nursing and
personal care each day for a resident needing skilled care

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and 2.3 hours of nursing and personal care each day for a
resident needing intermediate care.
(5) Effective January 1, 2014, the minimum staffing
ratios shall be increased to 3.8 hours of nursing and
personal care each day for a resident needing skilled care
and 2.5 hours of nursing and personal care each day for a
resident needing intermediate care.
(210 ILCS 45/3-202.2a new)
Sec. 3-202.2a. Comprehensive resident care plan. A
facility, with the participation of the resident and the
resident's guardian or representative, as applicable, must
develop and implement a comprehensive care plan for each
resident that includes measurable objectives and timetables to
meet the resident's medical, nursing, and mental and
psychosocial needs that are identified in the resident's
comprehensive assessment, which allow the resident to attain or
maintain the highest practicable level of independent
functioning, and provide for discharge planning to the least
restrictive setting based on the resident's care needs. The
assessment shall be developed with the active participation of
the resident and the resident's guardian or representative, as
applicable.
(210 ILCS 45/3-202.2b new)
Sec. 3-202.2b. Certification of psychiatric rehabilitation

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program.
(a) No later than January 1, 2011, the Department shall
file with the Joint Committee on Administrative Rules, pursuant
to the Illinois Administrative Procedure Act, proposed rules or
proposed amendments to existing rules to establish a special
certification program for compliance with 77 Ill. Admin. Code
300.4000 and following (Subpart S), which provides for
psychiatric rehabilitation services that are required to be
offered by a long term care facility licensed under this Act
that serves residents with serious mental illness. Compliance
with standards promulgated pursuant to this Section must be
demonstrated before a long term care facility licensed under
this Act is eligible to become certified under this Section and
annually thereafter.
(b) No long term care facility shall establish, operate,
maintain, or offer psychiatric rehabilitation services, or
admit, retain, or seek referrals of a resident with a serious
mental illness diagnosis, unless and until a valid
certification, which remains unsuspended, unrevoked, and
unexpired, has been issued.
(c) A facility that currently serves a resident with
serious mental illness may continue to admit such residents
until the Department performs a certification review and
determines that the facility does not meet the requirements for
certification. The Department, at its discretion, may provide
an additional 90-day period for the facility to meet the

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requirements for certification if it finds that the facility
has made a good faith effort to comply with all certification
requirements and will achieve total compliance with the
requirements before the end of the 90-day period. The facility
shall be prohibited from admitting residents with serious
mental illness until the Department certifies the facility to
be in compliance with the requirements of this Section.
(d) A facility currently serving residents with serious
mental illness that elects to terminate provision of services
to this population must immediately notify the Department of
its intent, cease to admit new residents with serious mental
illness, and give notice to all existing residents with serious
mental illness of their impending discharge. These residents
shall be accorded all rights and assistance provided to a
resident being involuntarily discharged and those provided
under Section 2-201.5. The facility shall continue to adhere to
all requirements of 77 Ill. Admin. Code 300.4000 until all
residents with serious mental illness have been discharged.
(e) A long term care facility found to be out of compliance
with the certification requirements under this Section may be
subject to denial, revocation, or suspension of the psychiatric
rehabilitation services certification or the imposition of
sanctions and penalties, including the immediate suspension of
new admissions. Hearings shall be conducted pursuant to Article
III, Part 7 of this Act.
(f) The Department shall indicate, on its list of licensed

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long term care facilities, which facilities are certified under
this Section and shall distribute this list to the appropriate
State agencies charged with administering and implementing the
State's program of pre-admission screening and resident
review, hospital discharge planners, Area Agencies on Aging,
Case Coordination Units, and others upon request.
(g) No public official, agent, or employee of the State, or
any subcontractor of the State, may refer or arrange for the
placement of a person with serious mental illness in a long
term care facility that is not certified under this Section. No
public official, agent, or employee of the State, or any
subcontractor of the State, may place the name of a long term
care facility on a list of facilities serving the seriously
mentally ill for distribution to the general public or to
professionals arranging for placements or making referrals
unless the facility is certified under this Section.
(h) Certification requirements. The Department shall
establish requirements for certification that augment current
quality of care standards for long term care facilities serving
residents with serious mental illness, which shall include
admission, discharge planning, psychiatric rehabilitation
services, development of age-group appropriate treatment plan
goals and services, behavior management services, coordination
with community mental health services, staff qualifications
and training, clinical consultation, resident access to the
outside community, and appropriate environment and space for

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resident programs, recreation, privacy, and any other issue
deemed appropriate by the Department. The augmented standards
shall at a minimum include, but need not be limited to, the
following:
(1) Staff sufficient in number and qualifications
necessary to meet the scheduled and unscheduled needs of
the residents on a 24-hour basis. The Department shall
establish by rule the minimum number of psychiatric
services rehabilitation coordinators in relation to the
number of residents with serious mental illness residing in
the facility.
(2) The number and qualifications of consultants
required to be contracted with to provide continuing
education and training, and to assist with program
development.
(3) Training for all new employees specific to the care
needs of residents with a serious mental illness diagnosis
during their orientation period and annually thereafter.
Training shall be independent of the Department and
overseen by an agency designated by the Governor to
determine the content of all facility employee training and
to provide training for all trainers of facility employees.
Training of employees shall at minimum include, but need
not be limited to, (i) the impact of a serious mental
illness diagnosis, (ii) the recovery paradigm and the role
of psychiatric rehabilitation, (iii) preventive strategies

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for managing aggression and crisis prevention, (iv) basic
psychiatric rehabilitation techniques and service
delivery, (v) resident rights, (vi) abuse prevention,
(vii) appropriate interaction between staff and residents,
and (viii) any other topic deemed by the Department to be
important to ensuring quality of care.
(4) Quality assessment and improvement requirements,
in addition to those contained in this Act on the effective
date of this amendatory Act of the 96th General Assembly,
specific to a facility's residential psychiatric
rehabilitation services, which shall be made available to
the Department upon request. A facility shall be required
at a minimum to develop and maintain policies and
procedures that include, but need not be limited to,
evaluation of the appropriateness of resident admissions
based on the facility's capacity to meet specific needs,
resident assessments, development and implementation of
care plans, and discharge planning.
(5) Room selection and appropriateness of roommate
assignment.
(6) Comprehensive quarterly review of all treatment
plans for residents with serious mental illness by the
resident's interdisciplinary team, which takes into
account, at a minimum, the resident's progress, prior
assessments, and treatment plan.
(7) Substance abuse screening and management and

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documented referral relationships with certified substance
abuse treatment providers.
(8) Administration of psychotropic medications to a
resident with serious mental illness who is incapable of
giving informed consent, in compliance with the applicable
provisions of the Mental Health and Developmental
Disabilities Code.
(i) The Department shall establish a certification fee
schedule by rule, in consultation with advocates, nursing
homes, and representatives of associations representing long
term care facilities.
(j) The Director or her or his designee shall seek input
from the Long Term Care Facility Advisory Board before filing
rules to implement this Section.
Rules proposed no later than January 1, 2011 under this
Section shall take effect 180 days after being approved by the
Joint Committee on Administrative Rules.
(210 ILCS 45/3-206) (from Ch. 111 1/2, par. 4153-206)
Sec. 3-206. The Department shall prescribe a curriculum for
training nursing assistants, habilitation aides, and child
care aides.
(a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation

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aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Professional
Regulation, assist with the personal, medical, or nursing care
of residents in a facility, unless such person meets the
following requirements:
(1) Be at least 16 years of age, of temperate habits
and good moral character, honest, reliable and
trustworthy. ;
(2) Be able to speak and understand the English
language or a language understood by a substantial
percentage of the facility's residents. ;
(3) Provide evidence of employment or occupation, if
any, and residence for 2 years prior to his present
employment. ;
(4) Have completed at least 8 years of grade school or
provide proof of equivalent knowledge. ;
(5) Begin a current course of training for nursing
assistants, habilitation aides, or child care aides,
approved by the Department, within 45 days of initial
employment in the capacity of a nursing assistant,
habilitation aide, or child care aide at any facility. Such
courses of training shall be successfully completed within
120 days of initial employment in the capacity of nursing
assistant, habilitation aide, or child care aide at a
facility. Nursing assistants, habilitation aides, and

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child care aides who are enrolled in approved courses in
community colleges or other educational institutions on a
term, semester or trimester basis, shall be exempt from the
120 day completion time limit. The Department shall adopt
rules for such courses of training. These rules shall
include procedures for facilities to carry on an approved
course of training within the facility.
The Department may accept comparable training in lieu
of the 120 hour course for student nurses, foreign nurses,
military personnel, or employes of the Department of Human
Services.
The facility shall develop and implement procedures,
which shall be approved by the Department, for an ongoing
review process, which shall take place within the facility,
for nursing assistants, habilitation aides, and child care
aides.
At the time of each regularly scheduled licensure
survey, or at the time of a complaint investigation, the
Department may require any nursing assistant, habilitation
aide, or child care aide to demonstrate, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. If such
knowledge is inadequate the Department shall require the
nursing assistant, habilitation aide, or child care aide to
complete inservice training and review in the facility
until the nursing assistant, habilitation aide, or child

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care aide demonstrates to the Department, either through
written examination or action, or both, sufficient
knowledge in all areas of required training. ; and
(6) Be familiar with and have general skills related to
resident care.
(a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a UCIA criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a UCIA
criminal history record check in accordance with the Health
Care Worker Background Check Act at any time during or after
prior to the entry of an individual into a training program.
(a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the registry maintained
under Section 3-206.01 on or after January 1, 1996 must
authorize the Department of Public Health or its designee that
tests nursing assistants to request a UCIA criminal history
record check in accordance with the Health Care Worker
Background Check Act and submit all necessary information. An
individual may not newly be included on the registry unless a
criminal history record check has been conducted with respect
to the individual.
(b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse.

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(c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care
of residents in such facility unless such person has complied
with this Section.
(d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the health care worker registry.
(e) Each facility shall obtain access to the health care
worker registry's web application, maintain the employment and
demographic information relating to certify to the Department
on a form provided by the Department the name and residence
address of each employee, and verify by the category and type
of employment that each employee subject to this Section meets
all the requirements of this Section.
(f) Any facility that is operated under Section 3-803 shall
be exempt from the requirements of this Section.
(g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)

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of subsection (a), to obtain 12 hours of in-house training in
the care and treatment of such residents. If the facility does
not provide the training in-house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such
training. The Department shall, by rule, establish a recognized
course for such training. The Department's rules shall provide
that such training may be conducted in-house at each facility
subject to the requirements of this subsection, in which case
such training shall be monitored by the Department.
The Department's rules shall also provide for
circumstances and procedures whereby any person who has
received training that meets the requirements of this
subsection shall not be required to undergo additional training
if he or she is transferred to or obtains employment at a
different facility or a facility other than a long-term care
facility but remains continuously employed for pay as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing or nursing-related services for a
period of 24 consecutive months shall be listed as "inactive"
and as such do not meet the requirements of this Section.
Licensed sheltered care facilities shall be exempt from the
requirements of this Section.
(Source: P.A. 91-598, eff. 1-1-00.)
(210 ILCS 45/3-206.01) (from Ch. 111 1/2, par. 4153-206.01)

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Sec. 3-206.01. Health care worker registry.
(a) The Department shall establish and maintain a registry
of all individuals who (i) have satisfactorily completed the
training required by Section 3-206, (ii) have begun a current
course of training as set forth in Section 3-206, or (iii) are
otherwise acting as a nursing assistant, habilitation aide,
home health aide, psychiatric services rehabilitation aide, or
child care aide. The registry shall include the individual's
name of the nursing assistant, habilitation aide, or child care
aide, his or her current address, Social Security number, and
the date and location of the training course completed by the
individual, and whether the individual has any of the
disqualifying convictions listed in Section 25 of the Health
Care Worker Background Check Act from the date of the
individual's last criminal records check. Any individual
placed on the registry is required to inform the Department of
any change of address within 30 days. A facility shall not
employ an individual as a nursing assistant, habilitation aide,
home health aide, psychiatric services rehabilitation aide, or
child care aide, or newly hired as an individual who may have
access to a resident, a resident's living quarters, or a
resident's personal, financial, or medical records, unless the
facility has inquired of the Department's health care worker
registry Department as to information in the registry
concerning the individual. The facility and shall not employ an
individual as a nursing assistant, habilitation aide, or child

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care aide if that individual is anyone not on the registry
unless the individual is enrolled in a training program under
paragraph (5) of subsection (a) of Section 3-206 of this Act.
If the Department finds that a nursing assistant,
habilitation aide, home health aide, psychiatric services
rehabilitation aide, or child care aide, or an unlicensed
individual, has abused or neglected a resident or an individual
under his or her care , neglected a resident, or misappropriated
resident property of a resident or an individual under his or
her care in a facility, the Department shall notify the
individual of this finding by certified mail sent to the
address contained in the registry. The notice shall give the
individual an opportunity to contest the finding in a hearing
before the Department or to submit a written response to the
findings in lieu of requesting a hearing. If, after a hearing
or if the individual does not request a hearing, the Department
finds that the individual abused a resident, neglected a
resident, or misappropriated resident property in a facility,
the finding shall be included as part of the registry as well
as a clear and accurate summary brief statement from the
individual, if he or she chooses to make such a statement. The
Department shall make the following information in the registry
available to the public: an individual's full name; the date an
individual successfully completed a nurse aide training or
competency evaluation; and whether the Department has made a
finding that an individual has been guilty of abuse or neglect

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of a resident or misappropriation of resident property. In the
case of inquiries to the registry concerning an individual
listed in the registry, any information disclosed concerning
such a finding shall also include disclosure of the
individual's any statement in the registry relating to the
finding or a clear and accurate summary of the statement.
(b) The Department shall add to the health care worker
registry records of findings as reported by the Inspector
General or remove from the health care worker registry records
of findings as reported by the Department of Human Services,
under subsection (g-5) of Section 1-17 of the Department of
Human Services Act.
(Source: P.A. 95-545, eff. 8-28-07.)
(210 ILCS 45/3-206.02) (from Ch. 111 1/2, par. 4153-206.02)
Sec. 3-206.02. (a) The Department, after notice to the
nursing assistant, habilitation aide, home health aide,
psychiatric services rehabilitation aide, or child care aide,
may denote that the Department has found any of the following:
(1) The nursing assistant, habilitation aide, home
health aide, psychiatric services rehabilitation aide, or
child care aide has abused a resident.
(2) The nursing assistant, habilitation aide, home
health aide, psychiatric services rehabilitation aide, or
child care aide has neglected a resident.
(3) The nursing assistant, habilitation aide, home

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health aide, psychiatric services rehabilitation aide, or
child care aide has misappropriated resident property.
(4) The nursing assistant, habilitation aide, home
health aide, psychiatric services rehabilitation aide, or
child care aide has been convicted of (i) a felony, (ii) a
misdemeanor, an essential element of which is dishonesty,
or (iii) any crime that is directly related to the duties
of a nursing assistant, habilitation aide, or child care
aide.
(b) Notice under this Section shall include a clear and
concise statement of the grounds denoting abuse, neglect, or
theft and notice of the opportunity for a hearing to contest
the designation.
(c) The Department may denote any nursing assistant,
habilitation aide, home health aide, psychiatric services
rehabilitation aide, or child care aide on the registry who
fails (i) to file a return, (ii) to pay the tax, penalty or
interest shown in a filed return, or (iii) to pay any final
assessment of tax, penalty or interest, as required by any tax
Act administered by the Illinois Department of Revenue, until
the time the requirements of the tax Act are satisfied.
(c-1) The Department shall document criminal background
check results pursuant to the requirements of the Health Care
Worker Background Check Act.
(d) At any time after the designation on the registry
pursuant to subsection (a), (b), or (c) of this Section, a

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nursing assistant, habilitation aide, home health aide,
psychiatric services rehabilitation aide, or child care aide
may petition the Department for removal of a designation of
neglect on the registry. The Department may remove the
designation of neglect of the nursing assistant, habilitation
aide, home health aide, psychiatric services rehabilitation
aide, or child care aide on the registry unless, after an
investigation and a hearing, the Department determines that
removal of designation is not in the public interest.
(Source: P.A. 91-598, eff. 1-1-00.)
(210 ILCS 45/3-212) (from Ch. 111 1/2, par. 4153-212)
Sec. 3-212. Inspection.
(a) The Department, whenever it deems necessary in
accordance with subsection (b), shall inspect, survey and
evaluate every facility to determine compliance with
applicable licensure requirements and standards. Submission of
a facility's current Consumer Choice Information Report
required by Section 2-214 shall be verified at time of
inspection. An inspection should occur within 120 days prior to
license renewal. The Department may periodically visit a
facility for the purpose of consultation. An inspection,
survey, or evaluation, other than an inspection of financial
records, shall be conducted without prior notice to the
facility. A visit for the sole purpose of consultation may be
announced. The Department shall provide training to surveyors

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about the appropriate assessment, care planning, and care of
persons with mental illness (other than Alzheimer's disease or
related disorders) to enable its surveyors to determine whether
a facility is complying with State and federal requirements
about the assessment, care planning, and care of those persons.
(a-1) An employee of a State or unit of local government
agency charged with inspecting, surveying, and evaluating
facilities who directly or indirectly gives prior notice of an
inspection, survey, or evaluation, other than an inspection of
financial records, to a facility or to an employee of a
facility is guilty of a Class A misdemeanor.
An inspector or an employee of the Department who
intentionally prenotifies a facility, orally or in writing, of
a pending complaint investigation or inspection shall be guilty
of a Class A misdemeanor. Superiors of persons who have
prenotified a facility shall be subject to the same penalties,
if they have knowingly allowed the prenotification. A person
found guilty of prenotifying a facility shall be subject to
disciplinary action by his or her employer.
If the Department has a good faith belief, based upon
information that comes to its attention, that a violation of
this subsection has occurred, it must file a complaint with the
Attorney General or the State's Attorney in the county where
the violation took place within 30 days after discovery of the
information.
(a-2) An employee of a State or unit of local government

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agency charged with inspecting, surveying, or evaluating
facilities who willfully profits from violating the
confidentiality of the inspection, survey, or evaluation
process shall be guilty of a Class 4 felony and that conduct
shall be deemed unprofessional conduct that may subject a
person to loss of his or her professional license. An action to
prosecute a person for violating this subsection (a-2) may be
brought by either the Attorney General or the State's Attorney
in the county where the violation took place.
(b) In determining whether to make more than the required
number of unannounced inspections, surveys and evaluations of a
facility the Department shall consider one or more of the
following: previous inspection reports; the facility's history
of compliance with standards, rules and regulations
promulgated under this Act and correction of violations,
penalties or other enforcement actions; the number and severity
of complaints received about the facility; any allegations of
resident abuse or neglect; weather conditions; health
emergencies; other reasonable belief that deficiencies exist.
(b-1) The Department shall not be required to determine
whether a facility certified to participate in the Medicare
program under Title XVIII of the Social Security Act, or the
Medicaid program under Title XIX of the Social Security Act,
and which the Department determines by inspection under this
Section or under Section 3-702 of this Act to be in compliance
with the certification requirements of Title XVIII or XIX, is

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in compliance with any requirement of this Act that is less
stringent than or duplicates a federal certification
requirement. In accordance with subsection (a) of this Section
or subsection (d) of Section 3-702, the Department shall
determine whether a certified facility is in compliance with
requirements of this Act that exceed federal certification
requirements. If a certified facility is found to be out of
compliance with federal certification requirements, the
results of an inspection conducted pursuant to Title XVIII or
XIX of the Social Security Act may be used as the basis for
enforcement remedies authorized and commenced, with the
Department's discretion to evaluate whether penalties are
warranted, under this Act. Enforcement of this Act against a
certified facility shall be commenced pursuant to the
requirements of this Act, unless enforcement remedies sought
pursuant to Title XVIII or XIX of the Social Security Act
exceed those authorized by this Act. As used in this
subsection, "enforcement remedy" means a sanction for
violating a federal certification requirement or this Act.
(c) Upon completion of each inspection, survey and
evaluation, the appropriate Department personnel who conducted
the inspection, survey or evaluation shall submit a copy of
their report to the licensee upon exiting the facility, and
shall submit the actual report to the appropriate regional
office of the Department. Such report and any recommendations
for action by the Department under this Act shall be

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transmitted to the appropriate offices of the associate
director of the Department, together with related comments or
documentation provided by the licensee which may refute
findings in the report, which explain extenuating
circumstances that the facility could not reasonably have
prevented, or which indicate methods and timetables for
correction of deficiencies described in the report. Without
affecting the application of subsection (a) of Section 3-303,
any documentation or comments of the licensee shall be provided
within 10 days of receipt of the copy of the report. Such
report shall recommend to the Director appropriate action under
this Act with respect to findings against a facility. The
Director shall then determine whether the report's findings
constitute a violation or violations of which the facility must
be given notice. Such determination shall be based upon the
severity of the finding, the danger posed to resident health
and safety, the comments and documentation provided by the
facility, the diligence and efforts to correct deficiencies,
correction of the reported deficiencies, the frequency and
duration of similar findings in previous reports and the
facility's general inspection history. Violations shall be
determined under this subsection no later than 90 60 days after
completion of each inspection, survey and evaluation.
(d) The Department shall maintain all inspection, survey
and evaluation reports for at least 5 years in a manner
accessible to and understandable by the public.

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(e) Revisit surveys. The Department shall conduct a revisit
to its licensure and certification surveys, consistent with
federal regulations and guidelines.
(Source: P.A. 95-823, eff. 1-1-09.)
(210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)
Sec. 3-303. (a) The situation, condition or practice
constituting a Type "AA" violation or a Type "A" violation
shall be abated or eliminated immediately unless a fixed period
of time, not exceeding 15 days, as determined by the Department
and specified in the notice of violation, is required for
correction.
(b) At the time of issuance of a notice of a Type "B"
violation, the Department shall request a plan of correction
which is subject to the Department's approval. The facility
shall have 10 days after receipt of notice of violation in
which to prepare and submit a plan of correction. The
Department may extend this period up to 30 days where
correction involves substantial capital improvement. The plan
shall include a fixed time period not in excess of 90 days
within which violations are to be corrected. If the Department
rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The
facility shall have 10 days after receipt of the notice of
rejection in which to submit a modified plan. If the modified
plan is not timely submitted, or if the modified plan is

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rejected, the facility shall follow an approved plan of
correction imposed by the Department.
(c) If the violation has been corrected prior to submission
and approval of a plan of correction, the facility may submit a
report of correction in place of a plan of correction. Such
report shall be signed by the administrator under oath.
(d) Upon a licensee's petition, the Department shall
determine whether to grant a licensee's request for an extended
correction time. Such petition shall be served on the
Department prior to expiration of the correction time
originally approved. The burden of proof is on the petitioning
facility to show good cause for not being able to comply with
the original correction time approved.
(e) If a facility desires to contest any Department action
under this Section it shall send a written request for a
hearing under Section 3-703 to the Department within 10 days of
receipt of notice of the contested action. The Department shall
commence the hearing as provided under Section 3-703. Whenever
possible, all action of the Department under this Section
arising out of a violation shall be contested and determined at
a single hearing. Issues decided after a hearing may not be
reheard at subsequent hearings under this Section.
(Source: P.A. 85-1378.)
(210 ILCS 45/3-303.2) (from Ch. 111 1/2, par. 4153-303.2)
Sec. 3-303.2. (a) If the Department finds a situation,

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condition or practice which violates this Act or any rule
promulgated thereunder which does not constitute a Type "AA",
Type "A", Type "B", or Type "C" violation directly threaten the
health, safety or welfare of a resident, the Department shall
issue an administrative warning. Any administrative warning
shall be served upon the facility in the same manner as the
notice of violation under Section 3-301. The facility shall be
responsible for correcting the situation, condition or
practice; however, no written plan of correction need be
submitted for an administrative warning, except for violations
of Sections 3-401 through 3-413 or the rules promulgated
thereunder. A written plan of correction is required to be
filed for an administrative warning issued for violations of
Sections 3-401 through 3-413 or the rules promulgated
thereunder.
(b) If, however, the situation, condition or practice which
resulted in the issuance of an administrative warning, with the
exception of administrative warnings issued pursuant to
Sections 3-401 through 3-413 or the rules promulgated
thereunder, is not corrected by the next on-site inspection by
the Department which occurs no earlier than 90 days from the
issuance of the administrative warning, a written plan of
correction must be submitted in the same manner as provided in
subsection (b) of Section 3-303.
(Source: P.A. 87-549.)

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(210 ILCS 45/3-304.1)
Sec. 3-304.1. Public computer access to information.
(a) The Department must make information regarding nursing
homes in the State available to the public in electronic form
on the World Wide Web, including all of the following
information:
(1) who regulates nursing homes;
(2) information in the possession of the Department
that is listed in Sections 3-210 and 3-304;
(3) deficiencies and plans of correction;
(4) enforcement remedies;
(5) penalty letters;
(6) designation of penalty monies;
(7) the U.S. Department of Health and Human Services'
Health Care Financing Administration special projects or
federally required inspections;
(8) advisory standards;
(9) deficiency-free surveys; and
(10) enforcement actions and enforcement summaries;
and .
(11) distressed facilities.
(b) No fee or other charge may be imposed by the Department
as a condition of accessing the information.
(c) The electronic public access provided through the World
Wide Web shall be in addition to any other electronic or print
distribution of the information.

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(d) The information shall be made available as provided in
this Section in the shortest practicable time after it is
publicly available in any other form.
(Source: P.A. 91-290, eff. 1-1-00.)
(210 ILCS 45/3-304.2 new)
Sec. 3-304.2. Designation of distressed facilities.
(a) By May 1, 2011, and quarterly thereafter, the
Department shall generate and publish quarterly a list of
distressed facilities. Criteria for inclusion of certified
facilities on the list shall be those used by the U.S. General
Accounting Office in report 9-689, until such time as the
Department by rule modifies the criteria.
(b) In deciding whether and how to modify the criteria used
by the General Accounting Office, the Department shall complete
a test run of any substitute criteria to determine their
reliability by comparing the number of facilities identified as
distressed against the number of distressed facilities
generated using the criteria contained in the General
Accounting Office report. The Department may not adopt
substitute criteria that generate fewer facilities with a
distressed designation than are produced by the General
Accounting Office criteria during the test run.
(c) The Department shall, by rule, adopt criteria to
identify non-Medicaid-certified facilities that are distressed
and shall publish this list quarterly beginning October 1,

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2011.
(d) The Department shall notify each facility of its
distressed designation, and of the calculation on which it is
based.
(e) A distressed facility may contract with an independent
consultant meeting criteria established by the Department. If
the distressed facility does not seek the assistance of an
independent consultant, the Department shall place a monitor or
a temporary manager in the facility, depending on the
Department's assessment of the condition of the facility.
(f) Independent consultant. A facility that has been
designated a distressed facility may contract with an
independent consultant to develop and assist in the
implementation of a plan of improvement to bring and keep the
facility in compliance with this Act and, if applicable, with
federal certification requirements. A facility that contracts
with an independent consultant shall have 90 days to develop a
plan of improvement and demonstrate a good faith effort at
implementation, and another 90 days to achieve compliance and
take whatever additional actions are called for in the
improvement plan to maintain compliance. A facility that the
Department determines has a plan of improvement likely to bring
and keep the facility in compliance and that has demonstrated
good faith efforts at implementation within the first 90 days
may be eligible to receive a grant under the Equity in
Long-term Care Quality Act to assist it in achieving and

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maintaining compliance. In this subsection, "independent"
consultant means an individual who has no professional or
financial relationship with the facility, any person with a
reportable ownership interest in the facility, or any related
parties. In this subsection, "related parties" has the meaning
attributed to it in the instructions for completing Medicaid
cost reports.
(f) Monitor and temporary managers. A distressed facility
that does not contract with a consultant shall be assigned a
monitor or a temporary manager at the Department's discretion.
The cost of the temporary manager shall be paid by the
facility. The temporary manager shall have the authority
determined by the Department, which may grant the temporary
manager any or all of the authority a court may grant a
receiver. The temporary manager may apply to the Equity in
Long-term Care Quality Fund for grant funds to implement the
plan of improvement.
(g) The Department shall by rule establish a mentor program
for owners of distressed facilities.
(h) The Department shall by rule establish sanctions (in
addition to those authorized elsewhere in this Article) against
distressed facilities that are not in compliance with this Act
and (if applicable) with federal certification requirements.
Criteria for imposing sanctions shall take into account a
facility's actions to address the violations and deficiencies
that caused its designation as a distressed facility, and its

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compliance with this Act and with federal certification
requirements (if applicable), subsequent to its designation as
a distressed facility, including mandatory revocations if
criteria can be agreed upon by the Department, resident
advocates, and representatives of the nursing home profession.
By February 1, 2011, the Department shall report to the General
Assembly on the results of negotiations about creating criteria
for mandatory license revocations of distressed facilities and
make recommendations about any statutory changes it believes
are appropriate to protect the health, safety, and welfare of
nursing home residents.
(i) The Department may establish by rule criteria for
restricting the owner of a facility on the distressed list from
acquiring additional skilled nursing facilities.
(210 ILCS 45/3-305) (from Ch. 111 1/2, par. 4153-305)
Sec. 3-305. The license of a facility which is in violation
of this Act or any rule adopted thereunder may be subject to
the penalties or fines levied by the Department as specified in
this Section.
(1) A Unless a greater penalty or fine is allowed under
subsection (3), a licensee who commits a Type "AA" "A"
violation as defined in Section 1-128.5 1-129 is automatically
issued a conditional license for a period of 6 months to
coincide with an acceptable plan of correction and assessed a
fine up to $25,000 per violation computed at a rate of $5.00

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per resident in the facility plus 20 cents per resident for
each day of the violation, commencing on the date a notice of
the violation is served under Section 3-301 and ending on the
date the violation is corrected, or a fine of not less than
$5,000, or when death, serious mental or physical harm,
permanent disability, or disfigurement results, a fine of not
less than $10,000, whichever is greater.
(1.5) A licensee who commits a Type "A" violation as
defined in Section 1-129 is automatically issued a conditional
license for a period of 6 months to coincide with an acceptable
plan of correction and assessed a fine of up to $12,500 per
violation.
(2) A licensee who commits a Type "B" violation as defined
in Section 1-130 shall be assessed a fine of up to $1,100 per
violation or who is issued an administrative warning for a
violation of Sections 3-401 through 3-413 or the rules
promulgated thereunder is subject to a penalty computed at a
rate of $3 per resident in the facility, plus 15 cents per
resident for each day of the violation, commencing on the date
a notice of the violation is served under Section 3-301 and
ending on the date the violation is corrected, or a fine not
less than $500, whichever is greater. Such fine shall be
assessed on the date of notice of the violation and shall be
suspended for violations that continue after such date upon
completion of a plan of correction in accordance with Section
3-308 in relation to the assessment of fines and correction.

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Failure to correct such violation within the time period
approved under a plan of correction shall result in a fine and
conditional license as provided under subsection (5).
(2.5) A licensee who commits 10 or more Type "C"
violations, as defined in Section 1-132, in a single survey
shall be assessed a fine of up to $250 per violation. A
licensee who commits one or more Type "C" violations with a
high risk designation, as defined by rule, shall be assessed a
fine of up to $500 per violation.
(3) A licensee who commits a Type "AA" or Type "A"
violation as defined in Section 1-128.5 or 1-129 which
continues beyond the time specified in paragraph (a) of Section
3-303 which is cited as a repeat violation shall have its
license revoked and shall be assessed a fine of 3 times the
fine computed per resident per day under subsection (1).
(4) A licensee who fails to satisfactorily comply with an
accepted plan of correction for a Type "B" violation or an
administrative warning issued pursuant to Sections 3-401
through 3-413 or the rules promulgated thereunder shall be
automatically issued a conditional license for a period of not
less than 6 months. A second or subsequent acceptable plan of
correction shall be filed. A fine shall be assessed in
accordance with subsection (2) when cited for the repeat
violation. This fine shall be computed for all days of the
violation, including the duration of the first plan of
correction compliance time.

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(5) For the purpose of computing a penalty under
subsections (2) through (4), the number of residents per day
shall be based on the average number of residents in the
facility during the 30 days preceding the discovery of the
violation.
(6) When the Department finds that a provision of Article
II has been violated with regard to a particular resident, the
Department shall issue an order requiring the facility to
reimburse the resident for injuries incurred, or $100,
whichever is greater. In the case of a violation involving any
action other than theft of money belonging to a resident,
reimbursement shall be ordered only if a provision of Article
II has been violated with regard to that or any other resident
of the facility within the 2 years immediately preceding the
violation in question.
(7) For purposes of assessing fines under this Section, a
repeat violation shall be a violation which has been cited
during one inspection of the facility for which an accepted
plan of correction was not complied with or . A repeat violation
shall not be a new citation of the same rule if , unless the
licensee is not substantially addressing the issue routinely
throughout the facility.
(7.5) If an occurrence results in more than one type of
violation as defined in this Act (that is, a Type "AA", Type
"A", Type "B", or Type "C" violation), the maximum fine that
may be assessed for that occurrence is the maximum fine that

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may be assessed for the most serious type of violation charged.
For purposes of the preceding sentence, a Type "AA" violation
is the most serious type of violation that may be charged,
followed by a Type "A", Type "B", or Type "C" violation, in
that order.
(8) The minimum and maximum fines that may be assessed
pursuant to this Section shall be twice those otherwise
specified for any facility that willfully makes a misstatement
of fact to the Department, or willfully fails to make a
required notification to the Department, if that misstatement
or failure delays the start of a surveyor or impedes a survey.
(9) High risk designation. If the Department finds that a
facility has violated a provision of the Illinois
Administrative Code that has a high risk designation, or that a
facility has violated the same provision of the Illinois
Administrative Code 3 or more times in the previous 12 months,
the Department may assess a fine of up to 2 times the maximum
fine otherwise allowed.
(10) If a licensee has paid a civil monetary penalty
imposed pursuant to the Medicare and Medicaid Certification
Program for the equivalent federal violation giving rise to a
fine under this Section, the Department shall offset the fine
by the amount of the civil monetary penalty. The offset may not
reduce the fine by more than 75% of the original fine, however.
(Source: P.A. 86-407; 87-549; 87-1056.)

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(210 ILCS 45/3-306) (from Ch. 111 1/2, par. 4153-306)
Sec. 3-306. In determining whether a penalty is to be
imposed and in determining fixing the amount of the penalty to
be imposed, if any, for a violation, the Director shall
consider the following factors:
(1) The gravity of the violation, including the probability
that death or serious physical or mental harm to a resident
will result or has resulted; the severity of the actual or
potential harm, and the extent to which the provisions of the
applicable statutes or regulations were violated;
(2) The reasonable diligence exercised by the licensee and
efforts to correct violations.
(3) Any previous violations committed by the licensee; and
(4) The financial benefit to the facility of committing or
continuing the violation.
(Source: P.A. 81-223.)
(210 ILCS 45/3-309) (from Ch. 111 1/2, par. 4153-309)
Sec. 3-309. A facility may contest an assessment of a
penalty by sending a written request to the Department for
hearing under Section 3-703. Upon receipt of the request the
Department shall hold a hearing as provided under Section
3-703. Instead of requesting a hearing pursuant to Section
3-703, a facility may, within 10 business days after receipt of
the notice of violation and fine assessment, transmit to the
Department (i) 65% of the amount assessed for each violation

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specified in the penalty assessment or (ii) in the case of a
fine subject to offset under paragraph (10) of Section 3-305,
up to 75% of the amount assessed.
(Source: P.A. 81-223.)
(210 ILCS 45/3-310) (from Ch. 111 1/2, par. 4153-310)
Sec. 3-310. All penalties shall be paid to the Department
within 10 days of receipt of notice of assessment or, if the
penalty is contested under Section 3-309, within 10 days of
receipt of the final decision, unless the decision is appealed
and the order is stayed by court order under Section 3-713. A
facility choosing to waive the right to a hearing under Section
3-309 shall submit a payment totaling 65% of the original fine
amount along with the written waiver. A penalty assessed under
this Act shall be collected by the Department and shall be
deposited with the State Treasurer into the Long Term Care
Monitor/Receiver Fund. If the person or facility against whom a
penalty has been assessed does not comply with a written demand
for payment within 30 days, the Director shall issue an order
to do any of the following:
(1) Direct the State Treasurer or Comptroller to deduct
the amount of the fine from amounts otherwise due from the
State for the penalty, including any payments to be made
from the Medicaid Long Term Care Provider Participation Fee
Trust Fund established under Section 5-4.31 of the Illinois
Public Aid Code, and remit that amount to the Department;

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(2) Add the amount of the penalty to the facility's
licensing fee; if the licensee refuses to make the payment
at the time of application for renewal of its license, the
license shall not be renewed; or
(3) Bring an action in circuit court to recover the
amount of the penalty.
With the approval of the federal centers for Medicaid and
Medicare services, the Director of Public Health shall set
aside 50% of the federal civil monetary penalties collected
each year to be used to award grants under the Equity
Innovations in Long-term Care Quality Grants Act.
(Source: P.A. 92-784, eff. 8-6-02.)
(210 ILCS 45/3-318) (from Ch. 111 1/2, par. 4153-318)
Sec. 3-318. (a) No person shall:
(1) Intentionally fail to correct or interfere with the
correction of a Type "AA", Type "A", or Type "B" violation
within the time specified on the notice or approved plan of
correction under this Act as the maximum period given for
correction, unless an extension is granted and the corrections
are made before expiration of extension;
(2) Intentionally prevent, interfere with, or attempt to
impede in any way any duly authorized investigation and
enforcement of this Act;
(3) Intentionally prevent or attempt to prevent any
examination of any relevant books or records pertinent to

SB0326 Enrolled - 103 - LRB096 03655 DRJ 13683 b
investigations and enforcement of this Act;
(4) Intentionally prevent or interfere with the
preservation of evidence pertaining to any violation of this
Act or the rules promulgated under this Act;
(5) Intentionally retaliate or discriminate against any
resident or employee for contacting or providing information to
any state official, or for initiating, participating in, or
testifying in an action for any remedy authorized under this
Act;
(6) Wilfully file any false, incomplete or intentionally
misleading information required to be filed under this Act, or
wilfully fail or refuse to file any required information; or
(7) Open or operate a facility without a license.
(b) A violation of this Section is a business offense,
punishable by a fine not to exceed $10,000, except as otherwise
provided in subsection (2) of Section 3-103 as to submission of
false or misleading information in a license application.
(c) The State's Attorney of the county in which the
facility is located, or the Attorney General, shall be notified
by the Director of any violations of this Section.
(Source: P.A. 83-1530.)
(210 ILCS 45/3-402) (from Ch. 111 1/2, par. 4153-402)
Sec. 3-402. Involuntary transfer or discharge of a resident
from a facility shall be preceded by the discussion required
under Section 3-408 and by a minimum written notice of 21 days,

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except in one of the following instances:
(a) When when an emergency transfer or discharge is ordered
by the resident's attending physician because of the resident's
health care needs. ; or
(b) When when the transfer or discharge is mandated by the
physical safety of other residents, the facility staff, or
facility visitors, as documented in the clinical record. The
Department shall be notified prior to any such involuntary
transfer or discharge. The Department shall immediately offer
transfer, or discharge and relocation assistance to residents
transferred or discharged under this subparagraph (b), and the
Department may place relocation teams as provided in Section
3-419 of this Act.
(c) When an identified offender is within the provisional
admission period defined in Section 1-120.3. If the Identified
Offender Report and Recommendation prepared under Section
2-201.6 shows that the identified offender poses a serious
threat or danger to the physical safety of other residents, the
facility staff, or facility visitors in the admitting facility
and the facility determines that it is unable to provide a safe
environment for the other residents, the facility staff, or
facility visitors, the facility shall transfer or discharge the
identified offender within 3 days after its receipt of the
Identified Offender Report and Recommendation.
(Source: P.A. 84-1322.)

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(210 ILCS 45/3-501) (from Ch. 111 1/2, par. 4153-501)
Sec. 3-501. The Department may place an employee or agent
to serve as a monitor in a facility or may petition the circuit
court for appointment of a receiver for a facility, or both,
when any of the following conditions exist:
(a) The facility is operating without a license;
(b) The Department has suspended, revoked or refused to
renew the existing license of the facility;
(c) The facility is closing or has informed the
Department that it intends to close and adequate
arrangements for relocation of residents have not been made
at least 30 days prior to closure;
(d) The Department determines that an emergency
exists, whether or not it has initiated revocation or
nonrenewal procedures, if because of the unwillingness or
inability of the licensee to remedy the emergency the
Department believes a monitor or receiver is necessary; or
(e) The Department is notified that the facility is
terminated or will not be renewed for participation in the
federal reimbursement program under either Title XVIII or
Title XIX of the Social Security Act; or .
(f) The facility has been designated a distressed
facility by the Department and does not have a consultant
employed pursuant to subsection (f) of Section 3-304.2 and
an acceptable plan of improvement, or the Department has
reason to believe the facility is not complying with the

SB0326 Enrolled - 106 - LRB096 03655 DRJ 13683 b
plan of improvement. Nothing in this paragraph (f) shall
preclude the Department from placing a monitor in a
facility if otherwise justified by law.
As used in subsection (d) and Section 3-503, "emergency"
means a threat to the health, safety or welfare of a resident
that the facility is unwilling or unable to correct.
(Source: P.A. 87-549.)
(210 ILCS 45/3-504) (from Ch. 111 1/2, par. 4153-504)
Sec. 3-504. The court shall hold a hearing within 5 days of
the filing of the petition. The petition and notice of the
hearing shall be served on the owner, administrator or
designated agent of the facility as provided under the Civil
Practice Law, or the petition and notice of hearing shall be
posted in a conspicuous place in the facility not later than 3
days before the time specified for the hearing, unless a
different period is fixed by order of the court. The court
shall appoint a receiver for a limited time period, not to
exceed 180 days, if it finds that:
(a) The facility is operating without a license;
(b) The Department has suspended, revoked or refused to
renew the existing license of a facility;
(c) The facility is closing or has informed the Department
that it intends to close and adequate arrangements for
relocation of residents have not been made at least 30 days
prior to closure; or

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(d) An emergency exists, whether or not the Department has
initiated revocation or nonrenewal procedures, if because of
the unwillingness or inability of the licensee to remedy the
emergency the appointment of a receiver is necessary.
(Source: P.A. 82-783.)
(210 ILCS 45/3-808 new)
Sec. 3-808. Protocol for sexual assault victims; nursing
home. The Department shall develop a protocol for the care and
treatment of residents who have been sexually assaulted in a
long term care facility or elsewhere.
(210 ILCS 45/3-809 new)
Sec. 3-809. Rules to implement changes. In developing rules
and regulations to implement changes made by this amendatory
Act of the 96th General Assembly, the Department shall seek the
input of advocates for long term care facility residents,
representatives of associations representing long term care
facilities, and representatives of associations representing
employees of long term care facilities.
(210 ILCS 45/3-810 new)
Sec. 3-810. Whistleblower protection.
(a) In this Section, "retaliatory action" means the
reprimand, discharge, suspension, demotion, denial of
promotion or transfer, or change in the terms and conditions of

SB0326 Enrolled - 108 - LRB096 03655 DRJ 13683 b
employment of any employee of a facility that is taken in
retaliation for the employee's involvement in a protected
activity as set forth in paragraphs (1) through (3) of
subsection (b).
(b) A facility shall not take any retaliatory action
against an employee of the facility, including a nursing home
administrator, because the employee does any of the following:
(1) Discloses or threatens to disclose to a supervisor
or to a public body an activity, inaction, policy, or
practice implemented by a facility that the employee
reasonably believes is in violation of a law, rule, or
regulation.
(2) Provides information to or testifies before any
public body conducting an investigation, hearing, or
inquiry into any violation of a law, rule, or regulation by
a nursing home administrator.
(3) Assists or participates in a proceeding to enforce
the provisions of this Act.
(c) A violation of this Section may be established only
upon a finding that (i) the employee of the facility engaged in
conduct described in subsection (b) of this Section and (ii)
this conduct was a contributing factor in the retaliatory
action alleged by the employee. There is no violation of this
Section, however, if the facility demonstrates by clear and
convincing evidence that it would have taken the same
unfavorable personnel action in the absence of that conduct.

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(d) The employee of the facility may be awarded all
remedies necessary to make the employee whole and to prevent
future violations of this Section. Remedies imposed by the
court may include, but are not limited to, all of the
following:
(1) Reinstatement of the employee to either the same
position held before the retaliatory action or to an
equivalent position.
(2) Two times the amount of back pay.
(3) Interest on the back pay.
(4) Reinstatement of full fringe benefits and
seniority rights.
(5) Payment of reasonable costs and attorney's fees.
(e) Nothing in this Section shall be deemed to diminish the
rights, privileges, or remedies of an employee of a facility
under any other federal or State law, rule, or regulation or
under any employment contract.
Section 30. The Hospital Licensing Act is amended by
changing Sections 6.09 and 7 as follows:
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
(Text of Section before amendment by P.A. 96-339)
Sec. 6.09. (a) In order to facilitate the orderly
transition of aged and disabled patients from hospitals to
post-hospital care, whenever a patient who qualifies for the

SB0326 Enrolled - 110 - LRB096 03655 DRJ 13683 b
federal Medicare program is hospitalized, the patient shall be
notified of discharge at least 24 hours prior to discharge from
the hospital. With regard to pending discharges to a skilled
nursing facility, the hospital must notify the case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
least 24 hours prior to discharge or, if home health services
are ordered, the hospital must inform its designated case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
the pending discharge and must provide the patient with the
case coordination unit's telephone number and other contact
information.
(b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Act; (ii) an assisted living
and shared housing establishment, as defined in the Assisted
Living and Shared Housing Act; (iii) a facility licensed under
the Nursing Home Care Act; (iv) a supportive living facility,
as defined in Section 5-5.01a of the Illinois Public Aid Code;
or (v) a free-standing hospice facility licensed under the
Hospice Program Licensing Act if licensure, certification, or
registration is required. The Department of Public Health shall

SB0326 Enrolled - 111 - LRB096 03655 DRJ 13683 b
annually provide hospitals with a list of licensed, certified,
or registered board and care facilities, assisted living and
shared housing establishments, nursing homes, supportive
living facilities, and hospice facilities. Reliance upon this
list by a hospital shall satisfy compliance with this
requirement. The procedure may also include a waiver for any
case in which a discharge notice is not feasible due to a short
length of stay in the hospital by the patient, or for any case
in which the patient voluntarily desires to leave the hospital
before the expiration of the 24 hour period.
(c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
(d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Department of State Police for all
persons between the ages of 18 and 70 years; provided, however,
that a hospital shall be required to initiate such a background
check only with respect to patients who:
(1) are transferring to a long term care facility for
the first time;

SB0326 Enrolled - 112 - LRB096 03655 DRJ 13683 b
(2) have been in the hospital more than 5 days;
(3) are reasonably expected to remain at the long term
care facility for more than 30 days;
(4) have a known history of serious mental illness or
substance abuse; and
(5) are independently ambulatory or mobile for more
than a temporary period of time.
A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the
availability of criminal history results. Upon receipt of the
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information
from, or about, the patient.
(Source: P.A. 94-335, eff. 7-26-05; 95-80, eff. 8-13-07;
95-651, eff. 10-11-07; 95-876, eff. 8-21-08.)
(Text of Section after amendment by P.A. 96-339)

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Sec. 6.09. (a) In order to facilitate the orderly
transition of aged and disabled patients from hospitals to
post-hospital care, whenever a patient who qualifies for the
federal Medicare program is hospitalized, the patient shall be
notified of discharge at least 24 hours prior to discharge from
the hospital. With regard to pending discharges to a skilled
nursing facility, the hospital must notify the case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
least 24 hours prior to discharge or, if home health services
are ordered, the hospital must inform its designated case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
the pending discharge and must provide the patient with the
case coordination unit's telephone number and other contact
information.
(b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Act; (ii) an assisted living
and shared housing establishment, as defined in the Assisted
Living and Shared Housing Act; (iii) a facility licensed under
the Nursing Home Care Act or the MR/DD Community Care Act; (iv)
a supportive living facility, as defined in Section 5-5.01a of

SB0326 Enrolled - 114 - LRB096 03655 DRJ 13683 b
the Illinois Public Aid Code; or (v) a free-standing hospice
facility licensed under the Hospice Program Licensing Act if
licensure, certification, or registration is required. The
Department of Public Health shall annually provide hospitals
with a list of licensed, certified, or registered board and
care facilities, assisted living and shared housing
establishments, nursing homes, supportive living facilities,
facilities licensed under the MR/DD Community Care Act, and
hospice facilities. Reliance upon this list by a hospital shall
satisfy compliance with this requirement. The procedure may
also include a waiver for any case in which a discharge notice
is not feasible due to a short length of stay in the hospital
by the patient, or for any case in which the patient
voluntarily desires to leave the hospital before the expiration
of the 24 hour period.
(c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
(d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Department of State Police for all

SB0326 Enrolled - 115 - LRB096 03655 DRJ 13683 b
persons between the ages of 18 and 70 years; provided, however,
that a hospital shall be required to initiate such a background
check only with respect to patients who:
(1) are transferring to a long term care facility for
the first time;
(2) have been in the hospital more than 5 days;
(3) are reasonably expected to remain at the long term
care facility for more than 30 days;
(4) have a known history of serious mental illness or
substance abuse; and
(5) are independently ambulatory or mobile for more
than a temporary period of time.
A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the
availability of criminal history results. Upon receipt of the
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information

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from, or about, the patient.
(Source: P.A. 95-80, eff. 8-13-07; 95-651, eff. 10-11-07;
95-876, eff. 8-21-08; 96-339, eff. 7-1-10.)
(210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
Sec. 7. (a) The Director after notice and opportunity for
hearing to the applicant or licensee may deny, suspend, or
revoke a permit to establish a hospital or deny, suspend, or
revoke a license to open, conduct, operate, and maintain a
hospital in any case in which he finds that there has been a
substantial failure to comply with the provisions of this Act,
the Hospital Report Card Act, or the Illinois Adverse Health
Care Events Reporting Law of 2005 or the standards, rules, and
regulations established by virtue of any of those Acts. The
Department may impose fines on hospitals, not to exceed $500
per occurrence, for failing to initiate a criminal background
check on a patient that meets the criteria for
hospital-initiated background checks. In assessing whether to
impose such a fine, the Department shall consider various
factors including, but not limited to, whether the hospital has
engaged in a pattern or practice of failing to initiate
criminal background checks. Money from fines shall be deposited
into the Long Term Care Provider Fund.
(b) Such notice shall be effected by registered mail or by
personal service setting forth the particular reasons for the
proposed action and fixing a date, not less than 15 days from

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the date of such mailing or service, at which time the
applicant or licensee shall be given an opportunity for a
hearing. Such hearing shall be conducted by the Director or by
an employee of the Department designated in writing by the
Director as Hearing Officer to conduct the hearing. On the
basis of any such hearing, or upon default of the applicant or
licensee, the Director shall make a determination specifying
his findings and conclusions. In case of a denial to an
applicant of a permit to establish a hospital, such
determination shall specify the subsection of Section 6 under
which the permit was denied and shall contain findings of fact
forming the basis of such denial. A copy of such determination
shall be sent by registered mail or served personally upon the
applicant or licensee. The decision denying, suspending, or
revoking a permit or a license shall become final 35 days after
it is so mailed or served, unless the applicant or licensee,
within such 35 day period, petitions for review pursuant to
Section 13.
(c) The procedure governing hearings authorized by this
Section shall be in accordance with rules promulgated by the
Department and approved by the Hospital Licensing Board. A full
and complete record shall be kept of all proceedings, including
the notice of hearing, complaint, and all other documents in
the nature of pleadings, written motions filed in the
proceedings, and the report and orders of the Director and
Hearing Officer. All testimony shall be reported but need not

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be transcribed unless the decision is appealed pursuant to
Section 13. A copy or copies of the transcript may be obtained
by any interested party on payment of the cost of preparing
such copy or copies.
(d) The Director or Hearing Officer shall upon his own
motion, or on the written request of any party to the
proceeding, issue subpoenas requiring the attendance and the
giving of testimony by witnesses, and subpoenas duces tecum
requiring the production of books, papers, records, or
memoranda. All subpoenas and subpoenas duces tecum issued under
the terms of this Act may be served by any person of full age.
The fees of witnesses for attendance and travel shall be the
same as the fees of witnesses before the Circuit Court of this
State, such fees to be paid when the witness is excused from
further attendance. When the witness is subpoenaed at the
instance of the Director, or Hearing Officer, such fees shall
be paid in the same manner as other expenses of the Department,
and when the witness is subpoenaed at the instance of any other
party to any such proceeding the Department may require that
the cost of service of the subpoena or subpoena duces tecum and
the fee of the witness be borne by the party at whose instance
the witness is summoned. In such case, the Department in its
discretion, may require a deposit to cover the cost of such
service and witness fees. A subpoena or subpoena duces tecum
issued as aforesaid shall be served in the same manner as a
subpoena issued out of a court.

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(e) Any Circuit Court of this State upon the application of
the Director, or upon the application of any other party to the
proceeding, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the Director or
Hearing Officer conducting an investigation or holding a
hearing authorized by this Act, by an attachment for contempt,
or otherwise, in the same manner as production of evidence may
be compelled before the court.
(f) The Director or Hearing Officer, or any party in an
investigation or hearing before the Department, may cause the
depositions of witnesses within the State to be taken in the
manner prescribed by law for like depositions in civil actions
in courts of this State, and to that end compel the attendance
of witnesses and the production of books, papers, records, or
memoranda.
(Source: P.A. 93-563, eff. 1-1-04; 94-242, eff. 7-18-05.)
Section 33. The Medical Practice Act of 1987 is amended by
changing Sections 23 and 36 as follows:
(225 ILCS 60/23) (from Ch. 111, par. 4400-23)
(Section scheduled to be repealed on December 31, 2010)
Sec. 23. Reports relating to professional conduct and
capacity.
(A) Entities required to report.

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(1) Health care institutions. The chief administrator
or executive officer of any health care institution
licensed by the Illinois Department of Public Health shall
report to the Disciplinary Board when any person's clinical
privileges are terminated or are restricted based on a
final determination, in accordance with that institution's
by-laws or rules and regulations, that a person has either
committed an act or acts which may directly threaten
patient care, and not of an administrative nature, or that
a person may be mentally or physically disabled in such a
manner as to endanger patients under that person's care.
Such officer also shall report if a person accepts
voluntary termination or restriction of clinical
privileges in lieu of formal action based upon conduct
related directly to patient care and not of an
administrative nature, or in lieu of formal action seeking
to determine whether a person may be mentally or physically
disabled in such a manner as to endanger patients under
that person's care. The Medical Disciplinary Board shall,
by rule, provide for the reporting to it of all instances
in which a person, licensed under this Act, who is impaired
by reason of age, drug or alcohol abuse or physical or
mental impairment, is under supervision and, where
appropriate, is in a program of rehabilitation. Such
reports shall be strictly confidential and may be reviewed
and considered only by the members of the Disciplinary

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Board, or by authorized staff as provided by rules of the
Disciplinary Board. Provisions shall be made for the
periodic report of the status of any such person not less
than twice annually in order that the Disciplinary Board
shall have current information upon which to determine the
status of any such person. Such initial and periodic
reports of impaired physicians shall not be considered
records within the meaning of The State Records Act and
shall be disposed of, following a determination by the
Disciplinary Board that such reports are no longer
required, in a manner and at such time as the Disciplinary
Board shall determine by rule. The filing of such reports
shall be construed as the filing of a report for purposes
of subsection (C) of this Section.
(2) Professional associations. The President or chief
executive officer of any association or society, of persons
licensed under this Act, operating within this State shall
report to the Disciplinary Board when the association or
society renders a final determination that a person has
committed unprofessional conduct related directly to
patient care or that a person may be mentally or physically
disabled in such a manner as to endanger patients under
that person's care.
(3) Professional liability insurers. Every insurance
company which offers policies of professional liability
insurance to persons licensed under this Act, or any other

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entity which seeks to indemnify the professional liability
of a person licensed under this Act, shall report to the
Disciplinary Board the settlement of any claim or cause of
action, or final judgment rendered in any cause of action,
which alleged negligence in the furnishing of medical care
by such licensed person when such settlement or final
judgment is in favor of the plaintiff.
(4) State's Attorneys. The State's Attorney of each
county shall report to the Disciplinary Board all instances
in which a person licensed under this Act is convicted or
otherwise found guilty of the commission of any felony. The
State's Attorney of each county may report to the
Disciplinary Board through a verified complaint any
instance in which the State's Attorney believes that a
physician has willfully violated the notice requirements
of the Parental Notice of Abortion Act of 1995.
(5) State agencies. All agencies, boards, commissions,
departments, or other instrumentalities of the government
of the State of Illinois shall report to the Disciplinary
Board any instance arising in connection with the
operations of such agency, including the administration of
any law by such agency, in which a person licensed under
this Act has either committed an act or acts which may be a
violation of this Act or which may constitute
unprofessional conduct related directly to patient care or
which indicates that a person licensed under this Act may

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be mentally or physically disabled in such a manner as to
endanger patients under that person's care.
(B) Mandatory reporting. All reports required by items
(34), (35), and (36) of subsection (A) of Section 22 and by
Section 23 shall be submitted to the Disciplinary Board in a
timely fashion. The reports shall be filed in writing within 60
days after a determination that a report is required under this
Act. All reports shall contain the following information:
(1) The name, address and telephone number of the
person making the report.
(2) The name, address and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any patient or
patients whose treatment is a subject of the report, if
available, or other means of identification if such
information is not available, identification of the
hospital or other healthcare facility where the care at
issue in the report was rendered, provided, however, no
medical records may be revealed.
(4) A brief description of the facts which gave rise to
the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and date of filing of the action.
(6) Any further pertinent information which the

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reporting party deems to be an aid in the evaluation of the
report.
The Disciplinary Board or Department may also exercise the
power under Section 38 of this Act to subpoena copies of
hospital or medical records in mandatory report cases alleging
death or permanent bodily injury. Appropriate rules shall be
adopted by the Department with the approval of the Disciplinary
Board.
When the Department has received written reports
concerning incidents required to be reported in items (34),
(35), and (36) of subsection (A) of Section 22, the licensee's
failure to report the incident to the Department under those
items shall not be the sole grounds for disciplinary action.
Nothing contained in this Section shall act to in any way,
waive or modify the confidentiality of medical reports and
committee reports to the extent provided by law. Any
information reported or disclosed shall be kept for the
confidential use of the Disciplinary Board, the Medical
Coordinators, the Disciplinary Board's attorneys, the medical
investigative staff, and authorized clerical staff, as
provided in this Act, and shall be afforded the same status as
is provided information concerning medical studies in Part 21
of Article VIII of the Code of Civil Procedure, except that the
Department may disclose information and documents to a federal,
State, or local law enforcement agency pursuant to a subpoena
in an ongoing criminal investigation or to a health care

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licensing body of this State or another state or jurisdiction
pursuant to an official request made by that licensing body.
Furthermore, information and documents disclosed to a federal,
State, or local law enforcement agency may be used by that
agency only for the investigation and prosecution of a criminal
offense, or, in the case of disclosure to a health care
licensing body, only for investigations and disciplinary
action proceedings with regard to a license. Information and
documents disclosed to the Department of Public Health may be
used by that Department only for investigation and disciplinary
action regarding the license of a health care institution
licensed by the Department of Public Health.
(C) Immunity from prosecution. Any individual or
organization acting in good faith, and not in a wilful and
wanton manner, in complying with this Act by providing any
report or other information to the Disciplinary Board or a peer
review committee, or assisting in the investigation or
preparation of such information, or by voluntarily reporting to
the Disciplinary Board or a peer review committee information
regarding alleged errors or negligence by a person licensed
under this Act, or by participating in proceedings of the
Disciplinary Board or a peer review committee, or by serving as
a member of the Disciplinary Board or a peer review committee,
shall not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(D) Indemnification. Members of the Disciplinary Board,

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the Medical Coordinators, the Disciplinary Board's attorneys,
the medical investigative staff, physicians retained under
contract to assist and advise the medical coordinators in the
investigation, and authorized clerical staff shall be
indemnified by the State for any actions occurring within the
scope of services on the Disciplinary Board, done in good faith
and not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
Should the Attorney General decline representation, the
member shall have the right to employ counsel of his or her
choice, whose fees shall be provided by the State, after
approval by the Attorney General, unless there is a
determination by a court that the member's actions were not in
good faith or were wilful and wanton.
The member must notify the Attorney General within 7 days
of receipt of notice of the initiation of any action involving
services of the Disciplinary Board. Failure to so notify the
Attorney General shall constitute an absolute waiver of the
right to a defense and indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent the member.
(E) Deliberations of Disciplinary Board. Upon the receipt

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of any report called for by this Act, other than those reports
of impaired persons licensed under this Act required pursuant
to the rules of the Disciplinary Board, the Disciplinary Board
shall notify in writing, by certified mail, the person who is
the subject of the report. Such notification shall be made
within 30 days of receipt by the Disciplinary Board of the
report.
The notification shall include a written notice setting
forth the person's right to examine the report. Included in
such notification shall be the address at which the file is
maintained, the name of the custodian of the reports, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The person who is the
subject of the report shall also submit with the written
statement any medical records related to the report. The
statement and accompanying medical records shall become a
permanent part of the file and must be received by the
Disciplinary Board no more than 30 days after the date on which
the person was notified by the Disciplinary Board of the
existence of the original report.
The Disciplinary Board shall review all reports received by
it, together with any supporting information and responding
statements submitted by persons who are the subject of reports.
The review by the Disciplinary Board shall be in a timely

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manner but in no event, shall the Disciplinary Board's initial
review of the material contained in each disciplinary file be
less than 61 days nor more than 180 days after the receipt of
the initial report by the Disciplinary Board.
When the Disciplinary Board makes its initial review of the
materials contained within its disciplinary files, the
Disciplinary Board shall, in writing, make a determination as
to whether there are sufficient facts to warrant further
investigation or action. Failure to make such determination
within the time provided shall be deemed to be a determination
that there are not sufficient facts to warrant further
investigation or action.
Should the Disciplinary Board find that there are not
sufficient facts to warrant further investigation, or action,
the report shall be accepted for filing and the matter shall be
deemed closed and so reported to the Secretary. The Secretary
shall then have 30 days to accept the Medical Disciplinary
Board's decision or request further investigation. The
Secretary shall inform the Board in writing of the decision to
request further investigation, including the specific reasons
for the decision. The individual or entity filing the original
report or complaint and the person who is the subject of the
report or complaint shall be notified in writing by the
Secretary of any final action on their report or complaint.
(F) Summary reports. The Disciplinary Board shall prepare,
on a timely basis, but in no event less than once every other

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month, a summary report of final actions taken upon
disciplinary files maintained by the Disciplinary Board. The
summary reports shall be made available to the public upon
request and payment of the fees set by the Department. This
publication may be made available to the public on the
Department's Internet website.
(G) Any violation of this Section shall be a Class A
misdemeanor.
(H) If any such person violates the provisions of this
Section an action may be brought in the name of the People of
the State of Illinois, through the Attorney General of the
State of Illinois, for an order enjoining such violation or for
an order enforcing compliance with this Section. Upon filing of
a verified petition in such court, the court may issue a
temporary restraining order without notice or bond and may
preliminarily or permanently enjoin such violation, and if it
is established that such person has violated or is violating
the injunction, the court may punish the offender for contempt
of court. Proceedings under this paragraph shall be in addition
to, and not in lieu of, all other remedies and penalties
provided for by this Section.
(Source: P.A. 94-677, eff. 8-25-05; 95-639, eff. 10-5-07.)
(225 ILCS 60/36) (from Ch. 111, par. 4400-36)
(Section scheduled to be repealed on December 31, 2010)
Sec. 36. Upon the motion of either the Department or the

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Disciplinary Board or upon the verified complaint in writing of
any person setting forth facts which, if proven, would
constitute grounds for suspension or revocation under Section
22 of this Act, the Department shall investigate the actions of
any person, so accused, who holds or represents that they hold
a license. Such person is hereinafter called the accused.
The Department shall, before suspending, revoking, placing
on probationary status, or taking any other disciplinary action
as the Department may deem proper with regard to any license at
least 30 days prior to the date set for the hearing, notify the
accused in writing of any charges made and the time and place
for a hearing of the charges before the Disciplinary Board,
direct them to file their written answer thereto to the
Disciplinary Board under oath within 20 days after the service
on them of such notice and inform them that if they fail to
file such answer default will be taken against them and their
license may be suspended, revoked, placed on probationary
status, or have other disciplinary action, including limiting
the scope, nature or extent of their practice, as the
Department may deem proper taken with regard thereto.
Where a physician has been found, upon complaint and
investigation of the Department, and after hearing, to have
performed an abortion procedure in a wilful and wanton manner
upon a woman who was not pregnant at the time such abortion
procedure was performed, the Department shall automatically
revoke the license of such physician to practice medicine in

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Illinois.
Such written notice and any notice in such proceedings
thereafter may be served by delivery of the same, personally,
to the accused person, or by mailing the same by registered or
certified mail to the address last theretofore specified by the
accused in their last notification to the Department.
All information gathered by the Department during its
investigation including information subpoenaed under Section
23 or 38 of this Act and the investigative file shall be kept
for the confidential use of the Secretary, Disciplinary Board,
the Medical Coordinators, persons employed by contract to
advise the Medical Coordinator or the Department, the
Disciplinary Board's attorneys, the medical investigative
staff, and authorized clerical staff, as provided in this Act
and shall be afforded the same status as is provided
information concerning medical studies in Part 21 of Article
VIII of the Code of Civil Procedure, except that the Department
may disclose information and documents to a federal, State, or
local law enforcement agency pursuant to a subpoena in an
ongoing criminal investigation to a health care licensing body
of this State or another state or jurisdiction pursuant to an
official request made by that licensing body. Furthermore,
information and documents disclosed to a federal, State, or
local law enforcement agency may be used by that agency only
for the investigation and prosecution of a criminal offense or,
in the case of disclosure to a health care licensing body, only

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for investigations and disciplinary action proceedings with
regard to a license issued by that licensing body.
(Source: P.A. 94-677, eff. 8-25-05.)
Section 35. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 17 and adding
Sections 17.1 and 38 as follows:
(225 ILCS 70/17) (from Ch. 111, par. 3667)
(Text of Section before amendment by P.A. 96-339)
(Section scheduled to be repealed on January 1, 2018)
Sec. 17. Grounds for disciplinary action.
(a) The Department may impose fines not to exceed $10,000
or may refuse to issue or to renew, or may revoke, suspend,
place on probation, censure, reprimand or take other
disciplinary or non-disciplinary action with regard to the
license of any person, for any one or combination of the
following causes:
(1) Intentional material misstatement in furnishing
information to the Department.
(2) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or a
misdemeanor of which an essential element is dishonesty or
that is directly related to the practice of the profession
of nursing home administration.

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(3) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act.
(4) Immoral conduct in the commission of any act, such
as sexual abuse or sexual misconduct, related to the
licensee's practice.
(5) Failing to respond within 30 days, to a written
request made by the Department for information.
(6) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(7) Habitual use or addiction to alcohol, narcotics,
stimulants, or any other chemical agent or drug which
results in the inability to practice with reasonable
judgment, skill or safety.
(8) Discipline by another U.S. jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(9) A finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation.
(10) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(11) Physical illness, mental illness, or other
impairment or disability, including, but not limited to,

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deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill or safety.
(12) Disregard or violation of this Act or of any rule
issued pursuant to this Act.
(13) Aiding or abetting another in the violation of
this Act or any rule or regulation issued pursuant to this
Act.
(14) Allowing one's license to be used by an unlicensed
person.
(15) (Blank).
(16) Professional incompetence in the practice of
nursing home administration.
(17) Conviction of a violation of Section 12-19 of the
Criminal Code of 1961 for the abuse and gross neglect of a
long term care facility resident.
(18) Violation of the Nursing Home Care Act or of any
rule issued under the Nursing Home Care Act. A final
adjudication of a Type "AA" violation of the Nursing Home
Care Act made by the Illinois Department of Public Health,
as identified by rule, relating to the hiring, training,
planning, organizing, directing, or supervising the
operation of a nursing home and a licensee's failure to
comply with this Act or the rules adopted under this Act,
shall create a rebuttable presumption of a violation of
this subsection.

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(19) Failure to report to the Department any adverse
final action taken against the licensee by a licensing
authority of another state, territory of the United States,
or foreign country; or by any governmental or law
enforcement agency; or by any court for acts or conduct
similar to acts or conduct that would constitute grounds
for disciplinary action under this Section.
(20) Failure to report to the Department the surrender
of a license or authorization to practice as a nursing home
administrator in another state or jurisdiction for acts or
conduct similar to acts or conduct that would constitute
grounds for disciplinary action under this Section.
(21) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
that would constitute grounds for disciplinary action
under this Section.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 years next after
receipt by the Department of (i) a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
The entry of an order or judgment by any circuit court

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establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the Board's
recommendation that they be permitted to resume their practice.
The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in determining
what constitutes:
(i) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(ii) dishonorable, unethical or unprofessional conduct
of a character likely to deceive, defraud, or harm the
public;
(iii) immoral conduct in the commission of any act
related to the licensee's practice; and
(iv) professional incompetence in the practice of
nursing home administration.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or

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physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination, when directed, shall be
grounds for suspension of his or her license until such time as
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,

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or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act or
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Department. In instances
in which the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(b) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Act by providing any report or other information to the
Department, or assisting in the investigation or preparation of

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such information, or by participating in proceedings of the
Department, or by serving as a member of the Board, shall not,
as a result of such actions, be subject to criminal prosecution
or civil damages.
(c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the
scope of services on or for the Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall
have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were wilful
and wanton.
A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.

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The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
(d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(e) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
(f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 95-703, eff. 12-31-07.)

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(Text of Section after amendment by P.A. 96-339)
(Section scheduled to be repealed on January 1, 2018)
Sec. 17. Grounds for disciplinary action.
(a) The Department may impose fines not to exceed $10,000
or may refuse to issue or to renew, or may revoke, suspend,
place on probation, censure, reprimand or take other
disciplinary or non-disciplinary action with regard to the
license of any person, for any one or combination of the
following causes:
(1) Intentional material misstatement in furnishing
information to the Department.
(2) Conviction of or entry of a plea of guilty or nolo
contendere to any crime that is a felony under the laws of
the United States or any state or territory thereof or a
misdemeanor of which an essential element is dishonesty or
that is directly related to the practice of the profession
of nursing home administration.
(3) Making any misrepresentation for the purpose of
obtaining a license, or violating any provision of this
Act.
(4) Immoral conduct in the commission of any act, such
as sexual abuse or sexual misconduct, related to the
licensee's practice.
(5) Failing to respond within 30 days, to a written
request made by the Department for information.

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(6) Engaging in dishonorable, unethical or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(7) Habitual use or addiction to alcohol, narcotics,
stimulants, or any other chemical agent or drug which
results in the inability to practice with reasonable
judgment, skill or safety.
(8) Discipline by another U.S. jurisdiction if at least
one of the grounds for the discipline is the same or
substantially equivalent to those set forth herein.
(9) A finding by the Department that the licensee,
after having his or her license placed on probationary
status has violated the terms of probation.
(10) Willfully making or filing false records or
reports in his or her practice, including but not limited
to false records filed with State agencies or departments.
(11) Physical illness, mental illness, or other
impairment or disability, including, but not limited to,
deterioration through the aging process, or loss of motor
skill that results in the inability to practice the
profession with reasonable judgment, skill or safety.
(12) Disregard or violation of this Act or of any rule
issued pursuant to this Act.
(13) Aiding or abetting another in the violation of
this Act or any rule or regulation issued pursuant to this
Act.

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(14) Allowing one's license to be used by an unlicensed
person.
(15) (Blank).
(16) Professional incompetence in the practice of
nursing home administration.
(17) Conviction of a violation of Section 12-19 of the
Criminal Code of 1961 for the abuse and gross neglect of a
long term care facility resident.
(18) Violation of the Nursing Home Care Act or the
MR/DD Community Care Act or of any rule issued under the
Nursing Home Care Act or the MR/DD Community Care Act. A
final adjudication of a Type "AA" violation of the Nursing
Home Care Act made by the Illinois Department of Public
Health, as identified by rule, relating to the hiring,
training, planning, organizing, directing, or supervising
the operation of a nursing home and a licensee's failure to
comply with this Act or the rules adopted under this Act,
shall create a rebuttable presumption of a violation of
this subsection.
(19) Failure to report to the Department any adverse
final action taken against the licensee by a licensing
authority of another state, territory of the United States,
or foreign country; or by any governmental or law
enforcement agency; or by any court for acts or conduct
similar to acts or conduct that would constitute grounds
for disciplinary action under this Section.

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(20) Failure to report to the Department the surrender
of a license or authorization to practice as a nursing home
administrator in another state or jurisdiction for acts or
conduct similar to acts or conduct that would constitute
grounds for disciplinary action under this Section.
(21) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or conduct
that would constitute grounds for disciplinary action
under this Section.
All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 years next after
receipt by the Department of (i) a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the Board's
recommendation that they be permitted to resume their practice.

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The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in determining
what constitutes:
(i) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(ii) dishonorable, unethical or unprofessional conduct
of a character likely to deceive, defraud, or harm the
public;
(iii) immoral conduct in the commission of any act
related to the licensee's practice; and
(iv) professional incompetence in the practice of
nursing home administration.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or

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statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination, when directed, shall be
grounds for suspension of his or her license until such time as
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act or
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended

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immediately, pending a hearing by the Department. In instances
in which the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
(b) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Act by providing any report or other information to the
Department, or assisting in the investigation or preparation of
such information, or by participating in proceedings of the
Department, or by serving as a member of the Board, shall not,
as a result of such actions, be subject to criminal prosecution
or civil damages.
(c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the

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scope of services on or for the Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall
have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were wilful
and wanton.
A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.
The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
(d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities

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Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
(e) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
(f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10.)
(225 ILCS 70/17.1 new)
Sec. 17.1. Reports of violations of Act or other conduct.
(a) The owner or licensee of a long term care facility
licensed under the Nursing Home Care Act who employs or
contracts with a licensee under this Act shall report to the
Department any instance of which he or she has knowledge

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arising in connection with operations of the health care
institution, including the administration of any law by the
institution, in which a licensee under this Act has either
committed an act or acts which may constitute a violation of
this Act or unprofessional conduct related directly to patient
care, or which may indicate that the licensee may be mentally
or physically disabled in such a manner as to endanger patients
under that licensee's care. Additionally, every nursing home
shall report to the Department any instance when a licensee is
terminated for cause which would constitute a violation of this
Act. The Department may take disciplinary or non-disciplinary
action if the termination is based upon unprofessional conduct
related to planning, organizing, directing, or supervising the
operation of a nursing home as defined by this Act or other
conduct by the licensee that would be a violation of this Act
or rules.
For the purposes of this subsection, "owner" does not mean
the owner of the real estate or physical plant who does not
hold management or operational control of the licensed long
term care facility.
(b) Any insurance company that offers policies of
professional liability insurance to licensees, or any other
entity that seeks to indemnify the professional liability of a
licensee, shall report the settlement of any claim or adverse
final judgment rendered in any action that alleged negligence
in planning, organizing, directing, or supervising the

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operation of a nursing home by the licensee.
(c) The State's Attorney of each county shall report to the
Department each instance in which a licensee is convicted of or
enters a plea of guilty or nolo contendere to any crime that is
a felony, or of which an essential element is dishonesty, or
that is directly related to the practice of the profession of
nursing home administration.
(d) Any agency, board, commission, department, or other
instrumentality of the government of the State of Illinois
shall report to the Department any instance arising in
connection with the operations of the agency, including the
administration of any law by the agency, in which a licensee
under this Act has either committed an act or acts which may
constitute a violation of this Act or unprofessional conduct
related directly to planning, organizing, directing or
supervising the operation of a nursing home, or which may
indicate that a licensee may be mentally or physically disabled
in such a manner as to endanger others.
(e) All reports required by items (19), (20), and (21) of
subsection (a) of Section 17 and by this Section 17.1 shall be
submitted to the Department in a timely fashion. The reports
shall be filed in writing within 60 days after a determination
that a report is required under this Section. All reports shall
contain the following information:
(1) The name, address, and telephone number of the
person making the report.

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(2) The name, address, and telephone number of the
person who is the subject of the report.
(3) The name and date of birth of any person or persons
whose treatment is a subject of the report, or other means
of identification if that information is not available, and
identification of the nursing home facility where the care
at issue in the report was rendered.
(4) A brief description of the facts which gave rise to
the issuance of the report, including the dates of any
occurrences deemed to necessitate the filing of the report.
(5) If court action is involved, the identity of the
court in which the action is filed, along with the docket
number and the date the action was filed.
(6) Any further pertinent information that the
reporting party deems to be an aid in evaluating the
report.
If the Department receives a written report concerning an
incident required to be reported under item (19), (20), or (21)
of subsection (a) of Section 17, then the licensee's failure to
report the incident to the Department within 60 days may not be
the sole ground for any disciplinary action against the
licensee.
(f) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Section by providing any report or other information to the
Department, by assisting in the investigation or preparation of

SB0326 Enrolled - 153 - LRB096 03655 DRJ 13683 b
such information, by voluntarily reporting to the Department
information regarding alleged errors or negligence by a
licensee, or by participating in proceedings of the Department,
shall not, as a result of such actions, be subject to criminal
prosecution or civil damages.
(g) Upon the receipt of any report required by this
Section, the Department shall notify in writing, by certified
mail, the person who is the subject of the report. The
notification shall be made within 30 days after the
Department's receipt of the report.
The notification shall include a written notice setting
forth the person's right to examine the report. The
notification shall also include the address at which the file
is maintained, the name of the custodian of the file, and the
telephone number at which the custodian may be reached. The
person who is the subject of the report shall submit a written
statement responding, clarifying, adding to, or proposing the
amending of the report previously filed. The statement shall
become a permanent part of the file and must be received by the
Department no more than 30 days after the date on which the
person was notified by the Department of the existence of the
original report.
The Department shall review a report received by it,
together with any supporting information and responding
statements submitted by the person who is the subject of the
report. The review by the Department shall be in a timely

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manner, but in no event shall the Department's initial review
of the material contained in each disciplinary file last less
than 61 days nor more than 180 days after the receipt of the
initial report by the Department.
When the Department makes its initial review of the
materials contained within its disciplinary files, the
Department shall, in writing, make a determination as to
whether there are sufficient facts to warrant further
investigation or action. Failure to make such a determination
within the time provided shall be deemed to be a determination
that there are not sufficient facts to warrant further
investigation or action. The Department shall notify the person
who is the subject of the report of any final action on the
report.
(h) A violation of this Section is a Class A misdemeanor.
(i) If any person or entity violates this Section, then an
action may be brought in the name of the People of the State of
Illinois, through the Attorney General of the State of
Illinois, for an order enjoining the violation or for an order
enforcing compliance with this Section. Upon filing of a
verified petition in the court, the court may issue a temporary
restraining order without notice or bond and may preliminarily
or permanently enjoin the violation. If it is established that
the person or entity has violated or is violating the
injunction, the court may punish the offender for contempt of
court. Proceedings under this subsection (i) shall be in

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addition to, and not in lieu of, all other remedies and
penalties provided for by this Section.
(225 ILCS 70/38 new)
Sec. 38. Whistleblower protection. Any individual or
organization acting in good faith, and not in a willful and
wanton manner, in complying with this Act by providing any
report or other information to the Department, or assisting in
the investigation or preparation of such information, or by
voluntarily reporting to the Department information regarding
alleged errors or negligence by a licensee, or by participating
in proceedings of the Department, shall not, as a result of
such actions, be subject to criminal prosecution or civil
damages.
Section 40. The Illinois Public Aid Code is amended by
changing Section 5-5.12 and adding Sections 5-27 and 5-28 as
follows:
(305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
Sec. 5-5.12. Pharmacy payments.
(a) Every request submitted by a pharmacy for reimbursement
under this Article for prescription drugs provided to a
recipient of aid under this Article shall include the name of
the prescriber or an acceptable identification number as
established by the Department.

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(b) Pharmacies providing prescription drugs under this
Article shall be reimbursed at a rate which shall include a
professional dispensing fee as determined by the Illinois
Department, plus the current acquisition cost of the
prescription drug dispensed. The Illinois Department shall
update its information on the acquisition costs of all
prescription drugs no less frequently than every 30 days.
However, the Illinois Department may set the rate of
reimbursement for the acquisition cost, by rule, at a
percentage of the current average wholesale acquisition cost.
(c) (Blank).
(d) The Department shall not impose requirements for prior
approval based on a preferred drug list for anti-retroviral,
anti-hemophilic factor concentrates, or any atypical
antipsychotics, conventional antipsychotics, or
anticonvulsants used for the treatment of serious mental
illnesses until 30 days after it has conducted a study of the
impact of such requirements on patient care and submitted a
report to the Speaker of the House of Representatives and the
President of the Senate.
(e) The Department shall cooperate with the Department of
Public Health and the Department of Human Services Division of
Mental Health in identifying psychotropic medications that,
when given in a particular form, manner, duration, or frequency
(including "as needed") in a dosage, or in conjunction with
other psychotropic medications to a nursing home resident, may

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constitute a chemical restraint or an "unnecessary drug" as
defined by the Nursing Home Care Act or Titles XVIII and XIX of
the Social Security Act and the implementing rules and
regulations. The Department shall require prior approval for
any such medication prescribed for a nursing home resident that
appears to be a chemical restraint or an unnecessary drug. The
Department shall consult with the Department of Human Services
Division of Mental Health in developing a protocol and criteria
for deciding whether to grant such prior approval.
(Source: P.A. 93-106, eff. 7-8-03; 94-48, eff. 7-1-05.)
(305 ILCS 5/5-27 new)
Sec. 5-27. Nursing home workgroup.
(a) The Director of the Department of Healthcare and Family
Services shall convene a workgroup composed of representatives
of nursing home resident advocates, representatives of long
term care providers, representatives of labor and
employee-representation organizations, and all relevant State
agencies, for the purpose of developing a proposal to be
presented to the General Assembly no later than November 1,
2010. The proposal shall address the following issues:
(1) Staffing standards necessary to the provision of
care and services and the preservation of resident safety.
(2) A comprehensive rate review giving consideration
to adopting an evidence-based rate methodology.
(3) The development of a provider assessment.

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(b) This Section is repealed, and the workgroup shall be
dissolved, on January 1, 2011.
(305 ILCS 5/5-28 new)
Sec. 5-28. Community transition resources. The Department
of Healthcare and Family Services, in collaboration with all
relevant agencies, shall develop a Community Transition Plan to
allow nursing facility residents who are determined to be
appropriate for transition to the community to access or
acquire resources to support the transition. These strategies
may include, but need not be limited to, enhancement of the
Community Home Maintenance Allowance, retention of income from
work, and incorporation of community transition services into
existing home and community-based waiver programs.
Section 93. Intent. Nothing in this Act is intended to
apply to any facility that is subject to licensure under the
MR/DD Community Care Act on or after July 1, 2010.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.

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Section 99. Effective date. This Act takes effect upon
becoming law.