SB 1510

  • Illinois Senate Bill
  • 101st Regular Session
  • Introduced in Senate Apr 11, 2019
  • Passed Senate Apr 10, 2019
  • Passed House Jan 13, 2021
  • Governor

Nursing Home Care Act-Various

Abstract

Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. Senate Committee Amendment No. 1 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Removes language that requires light intermediate care to be staffed at the same staffing ratio as intermediate care. Provides that for purposes of minimum staffing ratios, all residents shall be classified as requiring either skilled care or intermediate care. Defines "intermediate care" and "skilled care". Provides that the Department of Public Health shall adopt rules on or before January 1, 2020 establishing a system for determining compliance with minimum direct care staffing standards and establishing penalties for noncompliance with minimum direct care staffing ratios. Provides that monetary penalties shall be imposed beginning no later than October 1, 2020 and quarterly thereafter. Provides that a violation of the minimum staffing requirements is, at minimum, a Type "B" violation. Provides that a facility that has received a notice of violation for having violated the minimum staffing requirements shall display a notice stating that the facility did not have enough staff to meet the needs of the facility's residents during the quarter cited in the notice of violation. Adds members to the Long-Term Care Facility Advisory Board. Provides that the affirmative vote of 7 (instead of 6) members of the Board shall be necessary for Board action. Provides that a prescribing clinician must obtain voluntary informed consent, in writing, from a resident or the resident's legal representative before authorizing the administration of a psychotropic medication to that resident. Provides that a violation of certain provisions concerning informed consent is a Type "A" violation and shall serve as prima facie evidence of abuse or criminal neglect of a person in a long-term care facility under the Criminal Code of 2012. Provides that no facility or managed care plan shall deny admission or continued residency to a person or resident based on the refusal of the administration of psychotropic medication, unless the prescribing clinician or facility can demonstrate that the resident's refusal would place the health and safety of the resident, the facility staff, other residents, or visitors at risk. Makes other changes. Effective immediately. Senate Floor Amendment No. 2 Deletes reference to: 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 Replaces everything after the enacting clause with the provisions of the introduced bill as amended by Senate Amendment No. 1 with the following changes: Throughout the Act, replaces references to a resident's authorized representative with references to a resident's surrogate decision maker. Contains provisions regarding the Department of Public Health's informed consent protocol. Provides that the Department shall utilize the rules, protocols, and forms previously developed and implemented under the Specialized Mental Health Rehabilitation Act of 2013, unless specified exceptions apply. Provides that informed consent forms may include side effects that the Department reasonably believes are more common. Provides that informed consent shall be sought by the facility from the resident unless the resident's attending physician determines that the resident lacks decisional capacity, as determined under the Health Care Surrogate Act. Provides that if the resident lacks decisional capacity, the facility shall seek informed consent from the resident's surrogate decision maker. Provides that no monetary penalty may be issued during the implementation period of rules establishing those penalties. Provides that the implementation period shall be July 1, 2020, through September 30, 2020. Provides that if a violation of staffing requirements is not more than a 5% deviation of the required minimum staffing requirements, the Department shall have the discretion to determine the gravity of the violation and, taking into account mitigating and aggravating circumstances and facts, may adjust any penalty or type or class of violation. Provides a notice form for facilities that do not meet the minimum staffing ratios. Makes other changes. Effective immediately. House Committee Amendment No. 2 Deletes reference to: 210 ILCS 45/2-106.1 210 ILCS 45/2-204 from Ch. 111 1/2, par. 4152-204 210 ILCS 45/3-202.05 210 ILCS 45/3-209 from Ch. 111 1/2, par. 4153-209 210 ILCS 45/3-305 from Ch. 111 1/2, par. 4153-305 210 ILCS 45/3-305.8 new Adds reference to: 210 ILCS 45/1-101 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Makes a technical change in a Section concerning the short title. House Floor Amendment No. 3 Deletes reference to: 210 ILCS 45/1-101 Adds reference to: New Act 305 ILCS 5/5A-2.1 new 305 ILCS 5/5A-2 from Ch. 23, par. 5A-2 305 ILCS 5/5-5.07 305 ILCS 5/14-12 305 ILCS 5/12-4.53 210 ILCS 45/3-206 from Ch. 111 1/2, par. 4153-206 225 ILCS 65/55-35 225 ILCS 65/60-40 225 ILCS 70/11 from Ch. 111, par. 3661 Replaces everything after the enacting clause. Amends the Illinois Public Aid Code. Reenacts provisions regarding assessments on inpatient and outpatient services imposed on hospitals. Provides for the continuity of effect of the reenacted provisions between July 1, 2020 and the effective date of the amendatory Act. Validates actions taken in reliance on or pursuant to the reenacted provisions. In a Section concerning the Department of Children and Family Services' per diem rate for an inpatient psychiatric stay beyond medical necessity, provides that the Section is inoperative on and after July 1, 2021 (instead of July 1, 2020). Provides that notwithstanding the provision of Public Act 101-209 stating that the Section is inoperative on and after July 1, 2020, the Section is operative from July 1, 2020 through June 30, 2021. Provides that beginning July 1, 2012 and ending on December 31, 2022, a hospital that would have qualified for the rate year beginning October 1, 2012 shall be a Safety-Net Hospital. Requires the Department of Healthcare and Family Services to establish a health care transformation program which shall be supported by the transformation funding pool. Provides that it is the intention of the General Assembly that innovative partnerships funded by the pool must be designed to establish or improve integrated health care delivery systems that will provide significant access to the Medicaid and uninsured populations in their communities, as well as improve health care equity. Provides that during State fiscal years 2021 through 2027, the hospital and health care transformation program shall be supported by an annual transformation funding pool of up to $150,000,000, pending federal matching funds, to be allocated during the specified fiscal years for the purpose of facilitating hospital and health care transformation. Provides that funding agreements made in accordance with the transformation program shall be considered purchases of care under the Illinois Procurement Code and funds shall be expended by the Department in a manner that maximizes federal funding to expend the entire allocated amount. Contains provisions concerning the criteria for transformation proposals; entities eligible for funding under the transformation program; the process for submitting transformation projects; the Department's process for evaluating and approving transformation proposals; and other matters. In a provision concerning Prospective Payment System rates for federally qualified health centers (FQHCs), provides that one method to increase such rates is to use an alternative payment method acceptable to the Centers for Medicare and Medicaid Services and the FQHCs, including an across the board percentage increase to existing rates. Creates the COVID-19 Medically Necessary Diagnostic Testing Act. Provides that a health plan shall not impose utilization management requirements on COVID-19 diagnostic tests for nursing home employees. Provides that medically necessary COVID-19 testing is urgent care, and health plans shall not extend the applicable wait time for a COVID-19 testing appointment, even if such an extension would otherwise be permitted. Requires a health plan to reimburse the testing provider for medically necessary COVID-19 testing at the contracted rate if the health plan has a contract with the testing provider. Amends the Medical Assistance Article of the Illinois Public Aid Code. Amends the Nursing Home Care Act. Requires the Department of Public Health to accept on-the-job experience in lieu of clinical training from any individual who participated in the temporary nursing assistant program during the COVID-19 pandemic before the end date of the temporary nursing assistant program and left the program in good standing. Requires the Department of Public Health to notify all approved certified nurse assistant training programs in the State of this requirement. Defines "temporary nursing assistant program". Provides that an individual employed during the COVID-19 pandemic as a nursing assistant in accordance with any Executive Orders, emergency rules, or policy memoranda related to COVID-19 shall be assumed to meet competency standards and may continue to be employed as a certified nurse assistant when the pandemic ends and the Executive Orders or emergency rules lapse. Amends the Hospital Licensing Act. Provides that whenever a public health emergency has resulted in pre-admission screenings to be waived in lieu of screenings post admission to a nursing home and the case coordination unit, upon being timely notified of the need to complete the post-admission screen, fails to complete the screen within the allotted time, the nursing facility shall not be penalized and shall be reimbursed for care from the date of admission. Effective immediately.

Bill Sponsors (87)

Bill Cunningham

     
Cosponsor

La Shawn K. Ford

     
Cosponsor

Arthur Turner

     
Cosponsor

Jay Hoffman

     
Cosponsor

André Thapedi

     
Cosponsor

Deb Conroy

     
Cosponsor

Jehan Gordon-Booth

     
Cosponsor

Robert Martwick

     
Cosponsor

Jackie Haas

     
Cosponsor

Votes


Actions


Jan 13, 2021

House

House Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 013-000-000

House

Added Alternate Co-Sponsor Rep. Dan Ugaste

House

Added Alternate Co-Sponsor Rep. Jackie Haas

House

Placed on Calendar Order of 3rd Reading - Short Debate

House

Added Alternate Co-Sponsor Rep. Mark Batinick

House

Added Alternate Co-Sponsor Rep. Jeff Keicher

House

Added Alternate Co-Sponsor Rep. Amy Grant

House

Third Reading - Short Debate - Passed 112-000-001

Senate

Secretary's Desk - Concurrence House Amendment(s) 2, 3

Senate

Placed on Calendar Order of Concurrence House Amendment(s) 2, 3 - January 13, 2021

Senate

Chief Sponsor Changed to Sen. Heather A. Steans

Senate

House Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Heather A. Steans

Senate

House Committee Amendment No. 2 Motion to Concur Referred to Assignments

Senate

House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Heather A. Steans

Senate

House Floor Amendment No. 3 Motion to Concur Referred to Assignments

Senate

House Committee Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments

Senate

House Floor Amendment No. 3 Motion to Concur Be Approved for Consideration Assignments

Senate

House Committee Amendment No. 2 Senate Concurs 057-000-000

Senate

House Floor Amendment No. 3 Senate Concurs 057-000-000

Senate

Senate Concurs

Senate

Passed Both Houses

House

House Floor Amendment No. 3 Adopted

House

Added Alternate Co-Sponsor Rep. Thomas Morrison

House

Added Alternate Co-Sponsor Rep. Andrew S. Chesney

House

Added Alternate Co-Sponsor Rep. Deanne M. Mazzochi

Jan 12, 2021

House

House Floor Amendment No. 3 Filed with Clerk by Rep. Gregory Harris

House

House Floor Amendment No. 3 Rules Refers to Executive Committee

House

House Floor Amendment No. 3 Referred to Rules Committee

House

Alternate Chief Sponsor Changed to Rep. Gregory Harris

Jan 08, 2021

House

House Committee Amendment No. 2 Rules Refers to Executive Committee

House

Held on Calendar Order of Second Reading - Short Debate

House

Second Reading - Short Debate

House

Placed on Calendar 2nd Reading - Short Debate

House

Do Pass as Amended / Short Debate Executive Committee; 008-005-000

House

House Committee Amendment No. 2 Adopted in Executive Committee; by Voice Vote

Jan 07, 2021

House

House Committee Amendment No. 2 Referred to Rules Committee

House

House Committee Amendment No. 2 Filed with Clerk by Rep. Gregory Harris

Jan 02, 2021

House

Assigned to Executive Committee

May 23, 2020

House

Added Alternate Co-Sponsor Rep. Jonathan "Yoni" Pizer

May 30, 2019

House

Added Alternate Co-Sponsor Rep. Robyn Gabel

May 27, 2019

House

Added Alternate Co-Sponsor Rep. Sara Feigenholtz

May 23, 2019

House

Added Alternate Co-Sponsor Rep. Frances Ann Hurley

House

Added Alternate Co-Sponsor Rep. Mary Edly-Allen

House

Added Alternate Co-Sponsor Rep. Natalie A. Manley

House

Added Alternate Co-Sponsor Rep. Katie Stuart

House

Added Alternate Co-Sponsor Rep. Lamont J. Robinson, Jr.

House

Added Alternate Co-Sponsor Rep. Robert Martwick

May 22, 2019

House

Added Alternate Co-Sponsor Rep. John Connor

House

Added Alternate Co-Sponsor Rep. Jehan Gordon-Booth

House

Added Alternate Co-Sponsor Rep. LaToya Greenwood

House

Added Alternate Co-Sponsor Rep. Deb Conroy

May 17, 2019

House

Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

May 16, 2019

House

Added Alternate Co-Sponsor Rep. Barbara Hernandez

House

Added Alternate Co-Sponsor Rep. Mark L. Walker

House

Added Alternate Co-Sponsor Rep. Karina Villa

House

Added Alternate Co-Sponsor Rep. Delia C. Ramirez

House

Added Alternate Co-Sponsor Rep. Robert Rita

House

Added Alternate Co-Sponsor Rep. Curtis J. Tarver, II

House

Added Alternate Co-Sponsor Rep. Diane Pappas

House

Added Alternate Co-Sponsor Rep. Rita Mayfield

May 10, 2019

House

Rule 19(a) / Re-referred to Rules Committee

House

House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee

May 09, 2019

House

Added Alternate Co-Sponsor Rep. Nicholas K. Smith

House

Added Alternate Co-Sponsor Rep. Sue Scherer

House

Added Alternate Co-Sponsor Rep. Terra Costa Howard

House

Added Alternate Co-Sponsor Rep. Debbie Meyers-Martin

House

Added Alternate Co-Sponsor Rep. Mary E. Flowers

May 08, 2019

House

Added Alternate Co-Sponsor Rep. Maurice A. West, II

May 07, 2019

House

House Committee Amendment No. 1 Rules Refers to Human Services Committee

May 06, 2019

House

House Committee Amendment No. 1 Referred to Rules Committee

House

House Committee Amendment No. 1 Filed with Clerk by Rep. Anna Moeller

May 02, 2019

House

Added Alternate Co-Sponsor Rep. Thaddeus Jones

House

Added Alternate Co-Sponsor Rep. Anne Stava-Murray

House

Added Alternate Chief Co-Sponsor Rep. Kathleen Willis

House

Added Alternate Chief Co-Sponsor Rep. Emanuel Chris Welch

House

Alternate Chief Co-Sponsor Changed to Rep. Kathleen Willis

House

Alternate Chief Co-Sponsor Changed to Rep. Emanuel Chris Welch

House

Added Alternate Co-Sponsor Rep. Celina Villanueva

House

Added Alternate Co-Sponsor Rep. Jonathan Carroll

House

Added Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.

House

Added Alternate Co-Sponsor Rep. Kelly M. Cassidy

House

Added Alternate Co-Sponsor Rep. Daniel Didech

House

Added Alternate Co-Sponsor Rep. Kambium Buckner

House

Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.

House

Added Alternate Co-Sponsor Rep. Justin Slaughter

House

Added Alternate Co-Sponsor Rep. Sam Yingling

House

Added Alternate Co-Sponsor Rep. Aaron M. Ortiz

House

Added Alternate Co-Sponsor Rep. Joyce Mason

House

Added Alternate Co-Sponsor Rep. Arthur Turner

House

Added Alternate Co-Sponsor Rep. Jay Hoffman

House

Added Alternate Co-Sponsor Rep. Michael Halpin

House

Added Alternate Co-Sponsor Rep. Carol Ammons

House

Added Alternate Co-Sponsor Rep. André Thapedi

May 01, 2019

Senate

Added as Co-Sponsor Sen. Martin A. Sandoval

House

Added Alternate Co-Sponsor Rep. Luis Arroyo

House

Added Alternate Co-Sponsor Rep. Will Guzzardi

Apr 30, 2019

House

Assigned to Human Services Committee

Apr 24, 2019

Senate

Added as Co-Sponsor Sen. Jennifer Bertino-Tarrant

Apr 12, 2019

House

Added Alternate Co-Sponsor Rep. Theresa Mah

Apr 11, 2019

House

Chief House Sponsor Rep. Anna Moeller

House

Referred to Rules Committee

House

First Reading

House

Added Alternate Co-Sponsor Rep. Sonya M. Harper

House

Added Alternate Chief Co-Sponsor Rep. La Shawn K. Ford

House

Arrived in House

Apr 10, 2019

Senate

Senate Floor Amendment No. 2 Adopted; Collins

Senate

Third Reading - Passed; 039-019-000

Senate

Placed on Calendar Order of 3rd Reading

Senate

Recalled to Second Reading

Apr 09, 2019

Senate

Placed on Calendar Order of 3rd Reading April 10, 2019

Senate

Senate Floor Amendment No. 2 Recommend Do Adopt Human Services; 006-004-000

Senate

Senate Floor Amendment No. 2 Assignments Refers to Human Services

Senate

Second Reading

Apr 05, 2019

Senate

Senate Floor Amendment No. 2 Referred to Assignments

Senate

Senate Floor Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins

Mar 28, 2019

Senate

Added as Co-Sponsor Sen. Elgie R. Sims, Jr.

Senate

Added as Co-Sponsor Sen. Antonio Muñoz

Senate

Added as Co-Sponsor Sen. Linda Holmes

Senate

Added as Co-Sponsor Sen. Toi W. Hutchinson

Senate

Added as Co-Sponsor Sen. Michael E. Hastings

Mar 22, 2019

Senate

Added as Co-Sponsor Sen. Ann Gillespie

Mar 21, 2019

Senate

Added as Chief Co-Sponsor Sen. Kimberly A. Lightford

Senate

Added as Co-Sponsor Sen. Pat McGuire

Senate

Added as Chief Co-Sponsor Sen. Melinda Bush

Senate

Added as Chief Co-Sponsor Sen. Iris Y. Martinez

Senate

Added as Co-Sponsor Sen. Bill Cunningham

Mar 20, 2019

Senate

Added as Co-Sponsor Sen. Christopher Belt

Senate

Added as Co-Sponsor Sen. Patricia Van Pelt

Mar 15, 2019

Senate

Added as Co-Sponsor Sen. Omar Aquino

Mar 14, 2019

Senate

Added as Co-Sponsor Sen. Cristina Castro

Mar 12, 2019

Senate

Sponsor Removed Sen. Julie A. Morrison

Senate

Placed on Calendar Order of 2nd Reading March 13, 2019

Senate

Do Pass as Amended Human Services; 007-003-000

Senate

Senate Committee Amendment No. 1 Adopted

Senate

Added as Co-Sponsor Sen. Emil Jones, III

Senate

Added as Co-Sponsor Sen. Ram Villivalam

Mar 08, 2019

Senate

Added as Co-Sponsor Sen. Laura Fine

Mar 07, 2019

Senate

Added as Chief Co-Sponsor Sen. Julie A. Morrison

Senate

Added as Co-Sponsor Sen. Laura M. Murphy

Senate

Added as Co-Sponsor Sen. Robert Peters

Mar 06, 2019

Senate

Added as Chief Co-Sponsor Sen. Mattie Hunter

Mar 05, 2019

Senate

Added as Co-Sponsor Sen. Napoleon Harris, III

Senate

Senate Committee Amendment No. 1 Assignments Refers to Human Services

Mar 04, 2019

Senate

Senate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins

Senate

Senate Committee Amendment No. 1 Referred to Assignments

Feb 27, 2019

Senate

Assigned to Human Services

Feb 15, 2019

Senate

First Reading

Senate

Referred to Assignments

Senate

Filed with Secretary by Sen. Jacqueline Y. Collins

Bill Text

Bill Text Versions Format
Introduced HTML
Engrossed HTML

Related Documents

Document Format
House Amendment 003
House Amendment 002
House Amendment 001
Senate Amendment 002
Senate Amendment 001

Sources

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