Bill Text: IL SB2968 | 2013-2014 | 98th General Assembly | Chaptered
Bill Title: Amends the Nursing Home Care Act. Provides that if a facility is closing, the administrator (rather than owner) of the facility shall give 60 days (rather than 90 days) notice of the closing to the residents of the facility, to the resident's representative, and to other specified entities. Requires the administrator of the facility to provide notice of the closure to the Office of State Long Term Care Ombudsman. Provides that if the facility is closing because the Department of Public Health suspended, revoked, or denied renewal of the facility's license, then the administrator of the facility must provide notice no later than the date specified by the Department. Requires a facility to submit a closure plan to the Department for approval that addresses the safe and orderly transfer of residents. Provides that if a facility is closing in its entirety, then the facility shall not admit any new residents on or after the date notice is given to the Department. Effective immediately.
Sponsorship: Moderate Partisan Bill (Democrat 16-3)
Status: (Passed) 2014-08-01 - Public Act . . . . . . . . . 98-0834 [SB2968 Detail]
Download: Illinois-2013-SB2968-Chaptered.html
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| Public Act 098-0834 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by changing | ||||
Section 3-423 as follows:
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(210 ILCS 45/3-423) (from Ch. 111 1/2, par. 4153-423)
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Sec. 3-423.
The administrator Any owner of a facility | ||||
licensed under this Act shall give 60
90 days notice prior to | ||||
voluntarily closing a facility or closing any part
of a | ||||
facility, or prior to closing any part of a facility if closing | ||||
such
part will require the transfer or discharge of more than | ||||
10% of the residents.
Such notice shall be given to the | ||||
Department, to the Office of State Long Term Care Ombudsman, to | ||||
any resident who must be
transferred or discharged, to the | ||||
resident's representative, and to a member
of the resident's | ||||
family, where practicable. If the Department suspends, | ||||
revokes, or denies renewal of the facility's license, then | ||||
notice shall be given no later than the date specified by the | ||||
Department. Notice shall state the proposed
date of closing and | ||||
the reason for closing. The facility shall submit a closure | ||||
plan to the Department for approval which shall address the | ||||
process for the safe and orderly transfer of residents. The | ||||
approved plan shall be included in the notice.
The facility | ||||
shall offer to assist the resident in securing an alternative
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placement and shall advise the resident on available | ||
alternatives. Where
the resident is unable to choose an | ||
alternate placement and is not under
guardianship, the | ||
Department shall be notified of the need for relocation
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assistance. A facility closing in its entirety shall not admit | ||
any new residents on or after the date written notice is | ||
submitted to the Department under this Section. The facility | ||
shall comply with all applicable laws and regulations until
the | ||
date of closing, including those related to transfer or | ||
discharge of
residents. The Department may place a relocation | ||
team in the facility as
provided under Section 3-419.
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(Source: P.A. 81-223.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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