Bill Text: IL SB3217 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Hospital Licensing Act. Increases the fine for a hospital that fails to implement a written staffing plan for nursing services from a fine of up to $500 per occurrence to a fine of up to $5,000 per occurrence. Increases the fine for a hospital that demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days from a fine of up to $500 per occurrence to a fine of up to $10,000 per occurrence. Specifies that the Department of Public Health may revoke or suspend a license under the Act for the second or subsequent time that a hospital demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days (now, the hospital is issued a fine of up to $1,000 per occurrence for such a violation).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-06 - Referred to Assignments [SB3217 Detail]

Download: Illinois-2023-SB3217-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3217 Introduced 2/6/2024, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
210 ILCS 85/7 from Ch. 111 1/2, par. 148
Amends the Hospital Licensing Act. Increases the fine for a hospital that fails to implement a written staffing plan for nursing services from a fine of up to $500 per occurrence to a fine of up to $5,000 per occurrence. Increases the fine for a hospital that demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days from a fine of up to $500 per occurrence to a fine of up to $10,000 per occurrence. Specifies that the Department of Public Health may revoke or suspend a license under the Act for the second or subsequent time that a hospital demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days (now, the hospital is issued a fine of up to $1,000 per occurrence for such a violation).
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A BILL FOR
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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 Hospital Licensing Act is amended by
changing Section 7 as follows:
(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 (1) initiate a criminal
background check on a patient that meets the criteria for
hospital-initiated background checks or (2) report the death
of a person known to be a resident of a facility licensed under
the ID/DD Community Care Act or the MC/DD Act to the coroner or
medical examiner within 24 hours as required by Section 6.09a
of this Act. In assessing whether to impose such a fine for

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failure to initiate a criminal background check, 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.
(a-5) If a hospital demonstrates a pattern or practice of
failing to substantially comply with the requirements of
Section 10.10 or the hospital's written staffing plan, the
hospital shall provide a plan of correction to the Department
within 60 days. The Department may impose fines as follows:
(i) if a hospital fails to implement a written staffing plan
for nursing services, a fine not to exceed $5,000 $500 per
occurrence may be imposed; (ii) if a hospital demonstrates a
pattern or practice of failing to substantially comply with a
plan of correction within 60 days after the plan takes effect,
a fine not to exceed $10,000 $500 per occurrence may be
imposed; and (iii) if a hospital demonstrates for a second or
subsequent time a pattern or practice of failing to
substantially comply with a plan of correction within 60 days
after the plan takes effect, the Department may revoke or
suspend a license issued to a hospital under this Act a fine
not to exceed $1,000 per occurrence may be imposed. Reports of
violations of Section 10.10 shall be subject to public
disclosure under Section 6.14a. Money from fines within this
subsection (a-5) shall be deposited into the Hospital

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Licensure Fund, and money from fines for violations of Section
10.10 shall be used for scholarships under the Nursing
Education Scholarship Law.
(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
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

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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
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

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