Bill Text: IL SB3115 | 2023-2024 | 103rd General Assembly | Chaptered

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Bill Title: Amends the Nursing Home Care Act. Provides that the transferee shall submit to the Department of Public Health a transition plan, signed by both the transferee and the transferor, that includes, at a minimum, a detailed explanation of how resident care and appropriate staffing levels shall be maintained until the license has been obtained and the transfer of the facility operations occurs. Provides that the transition plan shall be submitted at the same time as notice to the Department of the transfer. Provides that the Department shall accept or reject the transition plan within 10 days after submission. Provides that, if the transition plan is rejected, the Department shall work with the facility, the transferee, and the transferor to bring the transition plan into compliance. Provides that, if the Department finds that an entity failed to follow an accepted transition plan and ensure residents are provided adequate care during the change of ownership process, and finds actual harm to a resident, the Department shall establish a high-risk designation pursuant to paragraph (9) of Section 3-305. Provides that the Department shall issue a violation to the entity that failed to carry out their responsibility under the transition plan that caused the violation. Provides that the change of ownership process shall begin upon submission of the transition plan to 30 days after the transfer of the facility. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0776 [SB3115 Detail]

Download: Illinois-2023-SB3115-Chaptered.html

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Public Act 103-0776
SB3115 Enrolled LRB103 36794 CES 66904 b
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 Sections 3-112, 3-113, and 3-114 as follows:
(210 ILCS 45/3-112) (from Ch. 111 1/2, par. 4153-112)
Sec. 3-112. (a) Whenever ownership of a facility is
transferred from the person named in the license to any other
person, the transferee must obtain a new probationary license.
The transferee shall notify the Department of the transfer and
apply for a new license at least 30 days prior to final
transfer.
(b) The transferor shall notify the Department at least 30
days prior to final transfer. The transferor shall remain
responsible for the operation of the facility until such time
as a license is issued to the transferee.
(c) The transferee shall submit to the Department a
transition plan, signed by both the transferee and the
transferor, that includes, at a minimum, a detailed
explanation of how resident care and appropriate staffing
levels shall be maintained until the license has been obtained
and the transfer of the facility operations occurs. The
transition plan shall be submitted at the same time as notice

to the Department of the transfer. The transferor and
transferee shall coordinate as necessary to ensure that there
are no gaps in care, staffing, and safety during the
transition period.
The Department shall accept or reject the transition plan
within 10 days after submission. If the transition plan is
rejected, the Department shall work with the facility, the
transferee, and the transferor to bring the transition plan
into compliance. If the Department finds that an entity failed
to follow an accepted transition plan and ensure residents are
provided adequate care during the change of ownership process,
and finds actual harm to a resident, the Department shall
establish a high-risk designation pursuant to paragraph (9) of
Section 3-305. The Department shall issue a violation to the
entity that failed to carry out their responsibility under the
transition plan that resulted in the violation. As described
in this Section, the change of ownership process shall begin
upon submission of the transition plan to 30 days after the
transfer of the facility.
(Source: P.A. 98-756, eff. 7-16-14.)
(210 ILCS 45/3-113) (from Ch. 111 1/2, par. 4153-113)
Sec. 3-113. (a) 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.
(b) If the Department finds that an entity failed to
follow an accepted transition plan and ensure residents are
provided adequate care during the change of ownership process,
and finds actual harm to a resident, the Department shall
establish a high-risk designation pursuant to paragraph (9) of
Section 3-305. The Department shall issue a violation to the
entity that failed to carry out their responsibility under the
transition plan that caused the violation. As described in
this Section, the change of ownership process shall begin upon
submission of the transition plan to 30 days after the
transfer of the facility.
(Source: P.A. 96-1372, eff. 7-29-10.)