HB 4112

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Full Text of HB4112
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	HB4112 - 104th General Assembly
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		HB4112 Enrolled		LRB104 14374 BAB 27509 b
1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The ID/DD Community Care Act is amended by
5changing Sections 1-105, 3-109, 3-117, and 3-119 as follows:
6    (210 ILCS 47/1-105)
7    Sec. 1-105. Administrator.
8    (a) "Administrator" means a person who is charged with the
9general administration and supervision of a facility and who 
10is at least 21 years of age and either: [and licensed, if ]
11[required, under the Nursing Home Administrators Licensing and ]
12[Disciplinary Act, as now or hereafter amended.]
13        (A) is licensed under the Nursing Home Administrators 
14    Licensing and Disciplinary Act;
15        (B) is a qualified intellectual disabilities 
16    professional; or
17        (C) has completed at least 4 semesters of study at an 
18    institution of higher education and has at least 2 years 
19    of management experience or at least 2 years of experience 
20    in a position of progressive responsibility in health 
21    care, housing with services, or adult day care; in 
22    providing similar services to individuals with 
23    intellectual or developmental disabilities; or in 
		HB4112 Enrolled	- 2 -	LRB104 14374 BAB 27509 b
1    behavioral health.
2(Source: P.A. 96-339, eff. 7-1-10.)
3    (210 ILCS 47/3-109)
4    Sec. 3-109. Issuance of license based on Director's
5findings; administrator training.
6    (a) Upon receipt and review of an application for a
7license made under this Article and inspection of the
8applicant facility under this Article, the Director shall
9issue a license if he or she finds:
10        (1) That the individual applicant, or the corporation,
11    partnership or other entity if the applicant is not an
12    individual, is a person responsible and suitable to
13    operate or to direct or participate in the operation of a
14    facility by virtue of financial capacity, appropriate
15    business or professional experience, a record of
16    compliance with lawful orders of the Department and lack
17    of revocation of a license during the previous 5 years and
18    is not the owner of a facility designated pursuant to
19    Section 3-304.2 as a distressed facility;
20        (2) That the facility is under the supervision of an
21    administrator [who is licensed, if required, under the ]
22    [Nursing Home Administrators Licensing and Disciplinary ]
23    [Act, as now or hereafter amended]; and
24        (3) That the facility is in substantial compliance
25    with this Act, and such other requirements for a license
		HB4112 Enrolled	- 3 -	LRB104 14374 BAB 27509 b
1    as the Department by rule may establish under this Act.
2    (b) In addition to any other requirements set forth in 
3this Act, as a condition of licensure under this Act, the 
4administrator of a facility must participate in at least 20 
5hours of training every 2 years to assist the administrator in 
6better meeting the needs of the residents of the facility and 
7managing the operation of the facility.
8(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
9    (210 ILCS 47/3-117)
10    Sec. 3-117. Denial of license; grounds. An application for
11a license may be denied for any of the following reasons:
12        (1) Failure to meet any of the minimum standards set
13    forth by this Act or by rules and regulations promulgated
14    by the Department under this Act.
15        (2) Conviction of the applicant, or if the applicant
16    is a firm, partnership or association, of any of its
17    members, or if a corporation, the conviction of the
18    corporation or any of its officers or stockholders, or of
19    the person designated to manage or supervise the facility,
20    of a felony, or of 2 or more misdemeanors involving moral
21    turpitude, during the previous 5 years as shown by a
22    certified copy of the record of the court of conviction.
23        (3) Personnel insufficient in number or unqualified by
24    training or experience to properly care for the proposed
25    number and type of residents.
		HB4112 Enrolled	- 4 -	LRB104 14374 BAB 27509 b
1        (4) Insufficient financial or other resources to
2    operate and conduct the facility in accordance with
3    standards promulgated by the Department under this Act.
4        (5) Revocation of a facility license during the
5    previous 5 years, if such prior license was issued to the
6    individual applicant, a controlling owner or controlling
7    combination of owners of the applicant; or any affiliate
8    of the individual applicant or controlling owner of the
9    applicant and such individual applicant, controlling owner
10    of the applicant or affiliate of the applicant was a
11    controlling owner of the prior license; provided, however,
12    that the denial of an application for a license pursuant
13    to this subsection must be supported by evidence that such
14    prior revocation renders the applicant unqualified or
15    incapable of meeting or maintaining a facility in
16    accordance with the standards and rules promulgated by the
17    Department under this Act.
18        (6) The [That the] facility is not under the direct
19    supervision of an [a full time] administrator[, as defined by ]
20    [regulation, who is licensed, if required, under the ]
21    [Nursing Home Administrators Licensing and Disciplinary ]
22    [Act].
23        (7) That the facility is in receivership and the
24    proposed licensee has not submitted a specific detailed
25    plan to bring the facility into compliance with the
26    requirements of this Act and with federal certification
		HB4112 Enrolled	- 5 -	LRB104 14374 BAB 27509 b
1    requirements, if the facility is certified, and to keep
2    the facility in such compliance.
3        (8) The applicant is the owner of a facility
4    designated pursuant to Section 3-304.2 of this Act as a
5    distressed facility.
6(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
7    (210 ILCS 47/3-119)
8    Sec. 3-119. Suspension, revocation, or refusal to renew
9license.    
10    (a) The Department, after notice to the applicant or
11licensee, may suspend, revoke or refuse to renew a license in
12any case in which the Department finds any of the following:
13        (1) There has been a substantial failure to comply
14    with this Act or the rules and regulations promulgated by
15    the Department under this Act. A substantial failure by a
16    facility shall include, but not be limited to, any of the
17    following:
18            (A) termination of Medicare or Medicaid
19        certification by the Centers for Medicare and Medicaid
20        Services; or
21            (B) a failure by the facility to pay any fine
22        assessed under this Act after the Department has sent
23        to the facility and licensee at least 2 notices of
24        assessment that include a schedule of payments as
25        determined by the Department, taking into account
		HB4112 Enrolled	- 6 -	LRB104 14374 BAB 27509 b
1        extenuating circumstances and financial hardships of
2        the facility.
3        (2) Conviction of the licensee, or of the person
4    designated to manage or supervise the facility, of a
5    felony, or of 2 or more misdemeanors involving moral
6    turpitude, during the previous 5 years as shown by a
7    certified copy of the record of the court of conviction.
8        (3) Personnel is insufficient in number or unqualified
9    by training or experience to properly care for the number
10    and type of residents served by the facility.
11        (4) Financial or other resources are insufficient to
12    conduct and operate the facility in accordance with
13    standards promulgated by the Department under this Act.
14        (5) The facility is not under the direct supervision
15    of an [a full time] administrator[, as defined by regulation, ]
16    [who is licensed, if required, under the Nursing Home ]
17    [Administrators Licensing and Disciplinary Act].
18        (6) The facility has committed 2 Type "AA" violations
19    within a 2-year period.
20        (7) The facility has committed a Type "AA" violation
21    while the facility is listed as a "distressed facility".
22    (b) Notice under this Section shall include a clear and
23concise statement of the violations on which the nonrenewal or
24revocation is based, the statute or rule violated and notice
25of the opportunity for a hearing under Section 3-703.
26    (c) If a facility desires to contest the nonrenewal or
		HB4112 Enrolled	- 7 -	LRB104 14374 BAB 27509 b
1revocation of a license, the facility shall, within 10 days
2after receipt of notice under subsection (b) of this Section,
3notify the Department in writing of its request for a hearing
4under Section 3-703. Upon receipt of the request the
5Department shall send notice to the facility and hold a
6hearing as provided under Section 3-703.
7    (d) The effective date of nonrenewal or revocation of a
8license by the Department shall be any of the following:
9        (1) Until otherwise ordered by the circuit court,
10    revocation is effective on the date set by the Department
11    in the notice of revocation, or upon final action after
12    hearing under Section 3-703, whichever is later.
13        (2) Until otherwise ordered by the circuit court,
14    nonrenewal is effective on the date of expiration of any
15    existing license, or upon final action after hearing under
16    Section 3-703, whichever is later; however, a license
17    shall not be deemed to have expired if the Department
18    fails to timely respond to a timely request for renewal
19    under this Act or for a hearing to contest nonrenewal
20    under paragraph (c).
21        (3) The Department may extend the effective date of
22    license revocation or expiration in any case in order to
23    permit orderly removal and relocation of residents.
24    The Department may refuse to issue or may suspend the
25license of any person who fails to file a return, or to pay the
26tax, penalty or interest shown in a filed return, or to pay any
		HB4112 Enrolled	- 8 -	LRB104 14374 BAB 27509 b
1final assessment of tax, penalty or interest, as required by
2any tax Act administered by the Illinois Department of
3Revenue, until such time as the requirements of any such tax
4Act are satisfied.
5(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
6    Section 99. Effective date. This Act takes effect July 1,
72027.