Bill Text: IL SB3112 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Nursing Home Care Act. Provides that an affirmative vote of a simple majority of a quorum of the Board shall be necessary for Board action (instead of an affirmative vote of 6 members of the Board). Provides that a quorum shall be a majority in attendance of voting members. Provides that all draft rules and documents shall be provided at least 7 days prior to a meeting for all Board members to review. Provides that all Board meetings shall be conducted within 90 days of a request for advice from the Department of Public Health or the 90-day window shall be extended to ensure the Board has had an opportunity to act upon the proposed rules. Amends the ID/DD Community Care Act. Provides that an affirmative vote of a simple majority of a quorum of the Board shall be necessary for Board action (instead of an affirmative vote of 6 members of the Board). Provides that a quorum shall be a majority in attendance of voting members. Provides that all draft rules and documents shall be provided at least 7 days prior to a meeting for all Board members to review. Provides that all Board meetings shall be conducted within 90 days of a request for advice from the Department of Public Health or the 90-day window shall be extended to ensure the Board has had an opportunity to act upon the proposed rules.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2024-04-24 - Assigned to Public Health Committee [SB3112 Detail]

Download: Illinois-2023-SB3112-Engrossed.html

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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Nursing Home Care Act is amended by
changing Section 2-204 as follows:
(210 ILCS 45/2-204) (from Ch. 111 1/2, par. 4152-204)
Sec. 2-204. The Director shall appoint a Long-Term Care
Facility Advisory Board to consult with the Department and the
residents' advisory councils created under Section 2-203.
(a) The Board shall be comprised of the following persons:
(1) The Director who shall serve as chairman, ex
officio and nonvoting; and
(2) One representative each of the Department of
Healthcare and Family Services, the Department of Human
Services, the Department on Aging, and the Office of the
State Fire Marshal, all nonvoting members;
(2.5) One member who represents local health
departments who is a nonvoting member;
(3) One member who shall be a physician licensed to
practice medicine in all its branches;
(4) One member who shall be a registered nurse
selected from the recommendations of professional nursing
associations;

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

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shall meet as frequently as the chairman deems necessary, but
not less than 4 times each year. Upon request by 4 or more
members the chairman shall call a meeting of the Board. The
affirmative vote of a simple majority of a quorum 6 members of
the Board shall be necessary for Board action. A quorum shall
be a majority in attendance of voting members. A member of the
Board can designate a replacement to serve at the Board
meeting and vote in place of the member by submitting a letter
of designation to the chairman prior to or at the Board
meeting. The Board members shall be reimbursed for their
actual expenses incurred in the performance of their duties.
(c) The Advisory Board shall advise the Department of
Public Health on all aspects of its responsibilities under
this Act and the Specialized Mental Health Rehabilitation Act
of 2013, including the format and content of any rules
promulgated by the Department of Public Health. All draft
rules and documents shall be provided at least 7 days prior to
a meeting for all board members to review. Any such rules,
except emergency rules promulgated pursuant to Section 5-45 of
the Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void.
In the event that the Department fails to follow the advice of
the Board, the Department shall, prior to the promulgation of
such rules, transmit a written explanation of the reason
thereof to the Board. During its review of rules, the Board
shall analyze the economic and regulatory impact of those

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rules. If the Advisory Board, having been asked for its
advice, fails to advise the Department within 90 days, the
rules shall be considered acted upon. In order to provide
appropriate feedback, board meetings shall be conducted within
the 90-day window, or the 90 days shall be extended to ensure
the Board has had an opportunity to act upon the proposed
rules.
(Source: P.A. 102-432, eff. 8-20-21.)
Section 10. The ID/DD Community Care Act is amended by
changing Section 2-204 as follows:
(210 ILCS 47/2-204)
Sec. 2-204. DD Facility Advisory Board. The Director shall
appoint a DD Facility Advisory Board to consult with the
Department and the residents' advisory councils created under
Section 2-203.
(a) The Advisory Board shall be composed of the following
persons:
(1) the Director who shall serve as chairperson, ex
officio, and nonvoting;
(2) one representative each of the Department of
Healthcare and Family Services, the Department of Human
Services, and the Office of the State Fire Marshal, all
nonvoting members;
(3) one member who shall be a physician licensed to

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practice medicine in all its branches;
(4) one member who shall be a behavioral specialist
selected from the recommendations of the Department of
Human Services;
(5) three members who shall be selected from the
recommendations by organizations whose membership consists
of facilities;
(6) two members who shall represent the general public
who are not members of a residents' advisory council
established under Section 2-203 and who have no
responsibility for management or formation of policy or
financial interest in a facility;
(7) one member who is a member of a residents'
advisory council established under Section 2-203 and is
capable of actively participating on the Advisory Board;
and
(8) one member who shall be selected from the
recommendations of consumer organizations that engage
solely in advocacy or legal representation on behalf of
residents and their immediate families.
(b) The Advisory Board shall meet as frequently as the
chairperson deems necessary, but not less than 4 times each
year. Upon request by 4 or more members, the chairperson shall
call a meeting of the Advisory Board. The affirmative vote of a
simple majority of a quorum 6 members of the Advisory Board
shall be necessary for Advisory Board action. A quorum shall

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be a majority in attendance of voting members. A member of the
Advisory Board may designate a replacement to serve at the
Advisory Board meeting and vote in place of the member by
submitting a letter of designation to the chairperson prior to
or at the Advisory Board meeting. The Advisory Board members
shall be reimbursed for their actual expenses incurred in the
performance of their duties.
(c) The Advisory Board shall advise the Department of
Public Health on all aspects of its responsibilities under
this Act, including the format and content of any rules
promulgated by the Department of Public Health. All draft
rules and documents shall be provided at least 7 days prior to
a meeting for all board members to review. Any such rules,
except emergency rules promulgated pursuant to Section 5-45 of
the Illinois Administrative Procedure Act, promulgated without
obtaining the advice of the Advisory Board are null and void.
If the Department fails to follow the advice of the Advisory
Board, the Department shall, prior to the promulgation of such
rules, transmit a written explanation of the reason therefor
to the Advisory Board. During its review of rules, the
Advisory Board shall analyze the economic and regulatory
impact of those rules. If the Advisory Board, having been
asked for its advice, fails to advise the Department within 90
days, the rules shall be considered acted upon. In order to
provide appropriate feedback, board meetings shall be
conducted within the 90-day window, or the 90 days shall be

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