Illinois 101st Regular Session Status: Died Bipartisan · 49 D · 4 R cosponsors

SB 1510 — NURSING HOME CARE ACT-VARIOUS

Last action — Passed Both Houses

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  1. ✓
    Introduced
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    In Committee
  3. ✓
    Passed Senate
  4. Died in session

This bill died with 101st Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 Text

What changed in the latest version

515 added · 18 removed

Plain-language change summary

The changes in SB 1510 highlight new regulations regarding the use of medications for residents in nursing facilities. Specifically, it establishes that unnecessary drugs, particularly psychotropic medications, should not be prescribed without informed consent from the resident or their authorized representative. This matters because it prioritizes the well-being of residents, ensuring they are not subjected to excessive or inappropriate medication, which can have serious negative effects on their health. Additionally, it mandates the adoption of standards based on federal guidelines, enhancing the quality of care in these facilities.

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*LRB10108498CPF53575b* SB1510 101ST GENERAL ASSEMBLY State of Illinois and 2020 SB1510 Introduced 2/15/2019, by Sen.
SB1510 Engrossed LRB101 08498 CPF 53575 b AN ACT concerning regulation.
Jacqueline Y.
Collins SYNOPSIS AS INTRODUCED:
ILCS 45/1-101 from Ch.
111 1/2, par.
4151-101 Section concerning the short title..
Makes a technical change in a LRB101 08498 CPF 53575 b A BILL FOR SB1510 LRB101 08498 CPF 53575 b AN ACT concerning regulation.
The Nursing Home Care Act is amended by changing Section 1-101 as follows:
The Nursing Home Care Act is amended by changing Sections 2-106.1, 2-204, 3-202.05, and 3-209 and by adding Section 3-305.8 as follows:
(210 ILCS 45/1-101) (from Ch.
(210 ILCS 45/2-106.1) Sec.
2-106.1.
Drug treatment.
(a) A resident shall not be given unnecessary drugs.
An unnecessary drug is any drug used in an excessive dose, including in duplicative therapy;
for excessive duration;
without adequate monitoring;
without adequate indications for its use;
or in the presence of adverse consequences that indicate the drugs should be reduced or discontinued.
The Department shall adopt, by rule, the standards for unnecessary drugs contained in interpretive guidelines issued by the United States Department of Health and Human Services for the purposes of administering Titles XVIII and XIX of the Social Security Act.
(b) Psychotropic medication shall not be administered prescribed without the informed consent of the resident or, the resident's surrogate decision maker guardian, or other authorized representative.
"Psychotropic medication" means SB1510 Engrossed - 2 - LRB101 08498 CPF 53575 b medication that is used for or listed as used for psychotropic antipsychotic, antidepressant, antimanic, or antianxiety behavior modification or behavior management purposes in the latest editions of the AMA Drug Evaluations or the Physician's Desk Reference.
No later than January 1, 2021, the The Department shall adopt, by rule, a protocol specifying how informed consent for psychotropic medication may be obtained or refused.
The protocol shall require, at a minimum, a discussion between (i) the resident or the resident's surrogate decision maker authorized representative and (ii) the resident's physician, a registered pharmacist (who is not a dispensing pharmacist for the facility where the resident lives), or a licensed nurse about the possible risks and benefits of a recommended medication and the use of standardized consent forms designated by the Department.
The protocol shall include informing the resident, surrogate decision maker, or both of the existence of a copy of:
the resident's care plan;
the facility policies and procedures adopted in compliance with subsection (b-15) of this Section;
and that all of the resident's care plans and the facility's policies are available to the resident or surrogate decision maker upon request.
Each form developed by the Department (i) shall be written in plain language, (ii) shall be able to be downloaded from the Department's official website, (iii) shall include information specific to the psychotropic medication for which consent is being sought, and (iv) shall be used for every resident for SB1510 Engrossed - 3 - LRB101 08498 CPF 53575 b whom psychotropic drugs are prescribed.
The Department shall utilize the rules, protocols, and forms previously developed and implemented under the Specialized Mental Health Rehabilitation Act of 2013, except to the extent that this Act requires a different procedure, and except that the maximum possible period for informed consent shall be until:
(1) a change in the prescription occurs, either as to type of psychotropic medication or dosage;
or (2) a resident's care plan changes.
The Department shall not be liable for the implementation of these rules, protocols, or forms.
In addition to creating those forms, the Department shall approve the use of any other informed consent forms that meet criteria developed by the Department.
At the discretion of the Department, informed consent forms may include side effects that the Department reasonably believes are more common, with a direction that more complete information can be found via a link on the Department's website to third-party websites with more complete information, such as the United States Food and Drug Administration's website.
The Department or a facility shall incur no liability for information provided on a consent form so long as the consent form is substantially accurate based upon generally accepted medical principles and, in the case of the Department's liability, if the Department references the website links.
Informed consent shall be sought by the facility from the resident unless the resident's attending physician determines SB1510 Engrossed - 4 - LRB101 08498 CPF 53575 b that the resident lacks decisional capacity, as determined under the Health Care Surrogate Act.
If the resident lacks decisional capacity, the facility shall seek informed consent from the resident's surrogate decision maker.
For the purpose of this Section, "surrogate decision maker" means the following persons to be given priority in the order presented:
(1) the guardian of the resident appointed under the Uniform Adult Guardianship and Protection Proceedings Jurisdiction Act;
(2) the resident's attorney-in-fact who has been designated under the Mental Health Treatment Preference Declaration Act;
(3) the resident's health care agent who has the authority to give consent under the Illinois Power of Attorney Act;
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(4) the resident's surrogate decision maker under the Health Care Surrogate Act;
and (5) the resident's resident representative, as that term is defined under Section 483.5 of Title 42 of the Code of Federal Regulations.
In addition to any other penalty prescribed by law, a facility that is found to have violated this subsection, or the federal certification requirement that informed consent be obtained before administering a psychotropic medication, shall thereafter be required to obtain the signatures of 2 licensed health care professionals on every form purporting to give informed consent for the administration of a psychotropic medication, certifying the personal knowledge of each health care professional that the consent was obtained in compliance with the requirements of this subsection.
SB1510 Engrossed - 5 - LRB101 08498 CPF 53575 b (b-5) A facility must obtain voluntary informed consent, in writing, from a resident or the resident's surrogate decision maker before administering or dispensing a psychotropic medication to that resident.
(b-10) No facility shall deny admission or continued residency to a person on the basis of the person's or resident's, or the person's or resident's surrogate decision maker's, refusal of the administration of psychotropic medication, unless the 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.
A facility that alleges that the resident's refusal to consent to the administration of psychotropic medication will place the health and safety of the resident, the facility staff, other residents, or visitors at risk must:
(1) document the alleged risk in detail;
(2) present this documentation to the resident or the resident's surrogate decision maker, to the Department, and to the Office of the State Long Term Care Ombudsman;
and (3) inform the resident or his or her surrogate decision maker of his or her right to appeal to the Department.
The documentation of the alleged risk shall include a description of all nonpharmacological or alternative care options attempted and why they were unsuccessful.
(b-15) Within 100 days after the effective date of this amendatory Act of the 101st General Assembly, all facilities SB1510 Engrossed - 6 - LRB101 08498 CPF 53575 b shall implement written policies and procedures for compliance with this Section.
The Department shall thereafter have the discretion to review these written policies and procedures and either:
(1) give written notice to the facility that the policies or procedures are sufficient to demonstrate the facility's intent to comply with this Section;
or (2) provide written notice to the facility that the proposed policies and procedures are deficient, identify the areas that are deficient, and provide 30 days for the facility to submit amended policies and procedures that demonstrate its intent to comply with this Section.
A facility's failure to submit the documentation required under this subsection is sufficient to demonstrate its intent to not comply with this Section and shall be grounds for review by the Department.
All facilities must provide training and education, as required under this Section, to all personnel involved in providing care to residents and train and educate such personnel on the methods and procedures to effectively implement the facility's policies.
Training and education provided under this Section must be documented in each personnel file.
(b-20) Any violation of this Section may be reported to the Department for review.
At its discretion, the Department may proceed with disciplinary action against the licensee of the SB1510 Engrossed - 7 - LRB101 08498 CPF 53575 b facility and facility administrative personnel.
In any administrative disciplinary action under this subsection, 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 the disciplinary action accordingly.
(b-25) A violation of informed consent that, for an individual resident, lasts for 7 days or more under this Section is, at a minimum, a Type "A" violation.
A second violation of informed consent within a year from a previous violation in the same facility regardless of the duration of the second violation is, at a minimum, a Type "A" violation.
(b-30) Any violation of this Section by a facility may be prosecuted by an action brought by the Attorney General of Illinois for injunctive relief, civil penalties, or both injunctive relief and civil penalties in the name of the People of Illinois.
The Attorney General may initiate such action upon his or her own complaint or the complaint of any other interested party.
(b-35) Any resident who has been administered a psychotropic medication in violation of this Section may bring an action for injunctive relief, civil damages, and costs and attorney's fees against any person and facility responsible for the violation.
(b-40) An action under this Section must be filed within 2 years of either the date of discovery of the violation that SB1510 Engrossed - 8 - LRB101 08498 CPF 53575 b gave rise to the claim or the last date of an instance of a noncompliant administration of psychotropic medication to the resident, whichever is later.
(b-45) A facility subject to action under this Section shall be liable for damages of up to $500 for each day that the facility or person violates the requirements of this Section.
(b-55) The rights provided for in this Section are cumulative to existing resident rights.
No part of this Section shall be interpreted as abridging, abrogating, or otherwise diminishing existing resident rights or causes of action at law or equity.
(c) The requirements of this Section are intended to control in a conflict with the requirements of Sections 2-102 and 2-107.2 of the Mental Health and Developmental Disabilities Code with respect to the administration of psychotropic medication.
(Source:
P.A.
95-331, eff.
8-21-07;
96-1372, eff.
7-29-10.) (210 ILCS 45/2-204) (from Ch.
4151-101) Sec.
4152-204) Sec.
1-101.
2-204.
This Act shall be known and and may be cited as the Nursing Home Care Act.
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 SB1510 Engrossed - 9 - LRB101 08498 CPF 53575 b Healthcare and Family Services, the Department of Human Services, the Department on Aging, and the Office of the State Fire Marshal, all nonvoting members;
(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;
(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, or, if the Department is unable to identify a member meeting these requirements, one member who shall be a certified sub-state ombudsman experienced in working with resident councils;
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;
SB1510 Engrossed - 10 - LRB101 08498 CPF 53575 b (9) One member who is from a nongovernmental statewide organization that advocates for seniors and Illinois residents over the age of 50;
(10) One member who is from a statewide association dedicated to Alzheimer's disease care, support, and research;
(11) One member who is a member of a trade or labor union representing persons who provide care services in facilities;
and (12) One member who advocates for the welfare, rights, and care of long-term care residents and represents family caregivers of residents in facilities.
(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 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 SB1510 Engrossed - 11 - LRB101 08498 CPF 53575 b affirmative vote of 7 6 members of the Board shall be necessary for Board action.
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.
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 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.
85-1378.)
97-38, eff.
6-28-11;
98-104, eff.
7-22-13;
98-463, eff.
8-16-13.) SB1510 Engrossed - 12 - LRB101 08498 CPF 53575 b (210 ILCS 45/3-202.05) Sec.
3-202.05.
Staffing ratios effective July 1, 2010 and thereafter.
(a) For the purpose of computing staff to resident ratios, direct care staff shall include:
(1) registered nurses;
(2) licensed practical nurses;
(3) certified nurse assistants;
(4) psychiatric services rehabilitation aides;
(5) rehabilitation and therapy aides;
(6) psychiatric services rehabilitation coordinators;
(7) assistant directors of nursing;
(8) 50% of the Director of Nurses' time;
and (9) 30% of the Social Services Directors' time.
The Department shall, by rule, allow certain facilities subject to 77 Ill.
Admin.
Code 300.4000 and following (Subpart S) to utilize specialized clinical staff, as defined in rules, to count towards the staffing ratios.
Within 120 days of the effective date of this amendatory Act of the 97th General Assembly, the Department shall promulgate rules specific to the staffing requirements for facilities federally defined as Institutions for Mental Disease.
These rules shall recognize the unique nature of individuals with chronic mental health conditions, shall include minimum requirements for specialized clinical staff, including clinical social workers, psychiatrists, SB1510 Engrossed - 13 - LRB101 08498 CPF 53575 b psychologists, and direct care staff set forth in paragraphs (4) through (6) and any other specialized staff which may be utilized and deemed necessary to count toward staffing ratios.
Within 120 days of the effective date of this amendatory Act of the 97th General Assembly, the Department shall promulgate rules specific to the staffing requirements for facilities licensed under the Specialized Mental Health Rehabilitation Act of 2013.
These rules shall recognize the unique nature of individuals with chronic mental health conditions, shall include minimum requirements for specialized clinical staff, including clinical social workers, psychiatrists, psychologists, and direct care staff set forth in paragraphs (4) through (6) and any other specialized staff which may be utilized and deemed necessary to count toward staffing ratios.
(b) (Blank).
Beginning January 1, 2011, and thereafter, light intermediate care shall be staffed at the same staffing ratio as intermediate care.
(b-5) For purposes of the minimum staffing ratios in this Section, all residents shall be classified as requiring either skilled care or intermediate care.
As used in this subsection:
"Intermediate care" means basic nursing care and other restorative services under periodic medical direction.
"Skilled care" means skilled nursing care, continuous skilled nursing observations, restorative nursing, and other SB1510 Engrossed - 14 - LRB101 08498 CPF 53575 b services under professional direction with frequent medical supervision.
(c) Facilities shall notify the Department within 60 days after the effective date of this amendatory Act of the 96th General Assembly, in a form and manner prescribed by the Department, of the staffing ratios in effect on the effective date of this amendatory Act of the 96th General Assembly for both intermediate and skilled care and the number of residents receiving each level of care.
(d)(1) (Blank).
Effective July 1, 2010, for each resident needing skilled care, a minimum staffing ratio of 2.5 hours of nursing and personal care each day must be provided;
for each resident needing intermediate care, 1.7 hours of nursing and personal care each day must be provided.
(2) (Blank).
Effective January 1, 2011, the minimum staffing ratios shall be increased to 2.7 hours of nursing and personal care each day for a resident needing skilled care and 1.9 hours of nursing and personal care each day for a resident needing intermediate care.
(3) (Blank).
Effective January 1, 2012, the minimum staffing ratios shall be increased to 3.0 hours of nursing and personal care each day for a resident needing skilled care and 2.1 hours of nursing and personal care each day for a resident needing intermediate care.
(4) (Blank).
Effective January 1, 2013, the minimum staffing ratios shall be increased to 3.4 hours of nursing and SB1510 Engrossed - 15 - LRB101 08498 CPF 53575 b personal care each day for a resident needing skilled care and 2.3 hours of nursing and personal care each day for a resident needing intermediate care.
(5) Effective January 1, 2014, the minimum staffing ratios shall be increased to 3.8 hours of nursing and personal care each day for a resident needing skilled care and 2.5 hours of nursing and personal care each day for a resident needing intermediate care.
(e) Ninety days after the effective date of this amendatory Act of the 97th General Assembly, a minimum of 25% of nursing and personal care time shall be provided by licensed nurses, with at least 10% of nursing and personal care time provided by registered nurses.
These minimum requirements shall remain in effect until an acuity based registered nurse requirement is promulgated by rule concurrent with the adoption of the Resource Utilization Group classification-based payment methodology, as provided in Section 5-5.2 of the Illinois Public Aid Code.
Registered nurses and licensed practical nurses employed by a facility in excess of these requirements may be used to satisfy the remaining 75% of the nursing and personal care time requirements.
Notwithstanding this subsection, no staffing requirement in statute in effect on the effective date of this amendatory Act of the 97th General Assembly shall be reduced on account of this subsection.
(f) The Department shall adopt rules on or before January 1, 2020 establishing a system for determining compliance with SB1510 Engrossed - 16 - LRB101 08498 CPF 53575 b minimum direct care staffing standards and the requirements of 77 Ill.
Adm.
Code 300.1230.
Compliance shall be determined at least quarterly using the Centers for Medicare and Medicaid Services' payroll-based journal and the facility's census and payroll data, which shall be obtained quarterly by the Department.
The Department shall, at minimum, use the quarterly payroll-based journal and census and payroll data to calculate the number of hours provided per resident per day and compare this ratio to the minimums required by this Section as impacted by a waiver of the percentage requirement under Section 3-303.1.
The Department shall publish the data quarterly on its website.
In enforcing the minimum staffing ratios, the Department shall take into account that transitions between intermediate care and skilled care occur regularly.
(g) The Department shall adopt rules by January 1, 2020 establishing monetary penalties for facilities not in compliance with minimum staffing standards under this Section.
No monetary penalty may be issued during the implementation period, which shall be July 1, 2020 through September 30, 2020.
If a facility is found to be noncompliant during the implementation period, the Department shall provide a written notice identifying the staffing deficiency and require the facility to provide a sufficiently detailed correction plan to meet the statutory minimum staffing levels.
Monetary penalties shall be imposed beginning no later than October 1, 2020 and SB1510 Engrossed - 17 - LRB101 08498 CPF 53575 b quarterly thereafter and shall be based on the latest quarter for which the Department has data.
Monetary penalties shall be established based on a formula that calculates the cost of wages and benefits for the missing staff hours and shall be no less than twice the calculated cost of wages and benefits for the missing staff hours during the quarter.
The penalty shall be imposed regardless of whether the facility has committed other violations of this Act during the same quarter.
The penalty may not be waived;
however, if the violation 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 reduce the penalty amount.
Nothing in this Section precludes a facility from being given a high risk designation for failing to comply with this Section that, when cited with other violations of this Act, increases the otherwise applicable penalty.
(h) A violation of the minimum staffing requirements under this Section is, at minimum, a Type "B" violation.
In the event that the violation 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 assess a different type or class of violation.
SB1510 Engrossed - 18 - LRB101 08498 CPF 53575 b (Source:
P.A.
97-689, eff.
6-14-12;
98-104, eff.
7-22-13.) (210 ILCS 45/3-209) (from Ch.
111 1/2, par.
4153-209) Sec.
3-209.
Required posting of information.
(a) Every facility shall conspicuously post for display in an area of its offices accessible to residents, employees, and visitors the following:
(1) Its current license;
(2) A description, provided by the Department, of complaint procedures established under this Act and the name, address, and telephone number of a person authorized by the Department to receive complaints;
(3) A copy of any order pertaining to the facility issued by the Department or a court;
and (4) A list of the material available for public inspection under Section 3-210.
(b) A facility that has received a notice of violation for a violation of the minimum staffing requirements under Section 3-202.05 shall display, for 6 months following the date that the notice of violation was issued, a notice stating in Calibri (body) font and 26-point type in black letters on an 8.5 by 11 inch white paper the following:
"Notice Dated:
...................
This facility did not have enough staff to meet the minimum staffing ratios for facility residents during the period from SB1510 Engrossed - 19 - LRB101 08498 CPF 53575 b ........
to .......
Posted at the direction of the Illinois Department of Public Health." The notice must be posted, at a minimum, at all publicly used exterior entryways into the facility, inside the main entrance lobby, and next to any registration desk for easily accessible viewing.
The notice must also be posted on the main page of the facility's website.
The Department shall have the discretion to determine the gravity of any violation and, taking into account mitigating and aggravating circumstances and facts, may reduce the requirement of, and amount of time for, posting the notice.
(Source:
P.A.
81-1349.) (210 ILCS 45/3-305.8 new) Sec.
3-305.8.
Database of nursing home quarterly reports and citations.
(a) The Department shall publish the quarterly reports of facilities in violation of this Act in an easily searchable, comprehensive, and downloadable electronic database on the Department's website in language that is easily understood.
The database shall include quarterly reports of all facilities that have violated this Act starting from 2005 and shall continue indefinitely.
The database shall be in an electronic format with active hyperlinks to individual facility citations.
The database shall be updated quarterly and shall be electronically searchable using a facility's name and address and the facility SB1510 Engrossed - 20 - LRB101 08498 CPF 53575 b owner's name and address.
(b) In lieu of the database under subsection (a), the Department may publish the list mandated under Section 3-304 in an easily searchable, comprehensive, and downloadable electronic database on the Department's website in plain language.
The database shall include the information from all such lists since 2005 and shall continue indefinitely.
The database shall be in an electronic format with active hyperlinks to individual facility citations.
The database shall be updated quarterly and shall be electronically searchable using a facility's name and address and the facility owner's name and address.
Section 99.
Effective date.
This Act takes effect upon becoming law.
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Action History

  1. Passed Both Houses

  2. Senate Concurs

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

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

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

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

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

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

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

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

  11. Chief Sponsor Changed to Sen. Heather A. Steans

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

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

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

  15. Placed on Calendar Order of 3rd Reading - Short Debate

  16. House Floor Amendment No. 3 Adopted

  17. Added Alternate Co-Sponsor Rep. Dan Ugaste

  18. Added Alternate Co-Sponsor Rep. Jackie Haas

  19. Added Alternate Co-Sponsor Rep. Mark Batinick

  20. Added Alternate Co-Sponsor Rep. Jeff Keicher

  21. Added Alternate Co-Sponsor Rep. Amy Grant

  22. Added Alternate Co-Sponsor Rep. Thomas Morrison

  23. Added Alternate Co-Sponsor Rep. Andrew S. Chesney

  24. Added Alternate Co-Sponsor Rep. Deanne M. Mazzochi

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

  26. House Floor Amendment No. 3 Rules Refers to Executive Committee

  27. House Floor Amendment No. 3 Referred to Rules Committee

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

  29. Alternate Chief Sponsor Changed to Rep. Gregory Harris

  30. Held on Calendar Order of Second Reading - Short Debate

  31. Second Reading - Short Debate

  32. Placed on Calendar 2nd Reading - Short Debate

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

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

  35. House Committee Amendment No. 2 Rules Refers to Executive Committee

  36. House Committee Amendment No. 2 Referred to Rules Committee

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

  38. Assigned to Executive Committee

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

  40. Added Alternate Co-Sponsor Rep. Robyn Gabel

  41. Added Alternate Co-Sponsor Rep. Sara Feigenholtz

  42. Added Alternate Co-Sponsor Rep. Mary Edly-Allen

  43. Added Alternate Co-Sponsor Rep. Natalie A. Manley

  44. Added Alternate Co-Sponsor Rep. Katie Stuart

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

  46. Added Alternate Co-Sponsor Rep. Frances Ann Hurley

  47. Added Alternate Co-Sponsor Rep. Robert Martwick

  48. Added Alternate Co-Sponsor Rep. Jehan Gordon-Booth

  49. Added Alternate Co-Sponsor Rep. LaToya Greenwood

  50. Added Alternate Co-Sponsor Rep. Deb Conroy

  51. Added Alternate Co-Sponsor Rep. John Connor

  52. Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

  53. Added Alternate Co-Sponsor Rep. Mark L. Walker

  54. Added Alternate Co-Sponsor Rep. Karina Villa

  55. Added Alternate Co-Sponsor Rep. Delia C. Ramirez

  56. Added Alternate Co-Sponsor Rep. Barbara Hernandez

  57. Added Alternate Co-Sponsor Rep. Rita Mayfield

  58. Added Alternate Co-Sponsor Rep. Robert Rita

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

  60. Added Alternate Co-Sponsor Rep. Diane Pappas

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

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

  63. Added Alternate Co-Sponsor Rep. Mary E. Flowers

  64. Added Alternate Co-Sponsor Rep. Nicholas K. Smith

  65. Added Alternate Co-Sponsor Rep. Sue Scherer

  66. Added Alternate Co-Sponsor Rep. Terra Costa Howard

  67. Added Alternate Co-Sponsor Rep. Debbie Meyers-Martin

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

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

  70. House Committee Amendment No. 1 Referred to Rules Committee

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

  72. Added Alternate Co-Sponsor Rep. André Thapedi

  73. Added Alternate Co-Sponsor Rep. Carol Ammons

  74. Added Alternate Co-Sponsor Rep. Michael Halpin

  75. Added Alternate Co-Sponsor Rep. Thaddeus Jones

  76. Added Alternate Co-Sponsor Rep. Jay Hoffman

  77. Added Alternate Co-Sponsor Rep. Arthur Turner

  78. Added Alternate Co-Sponsor Rep. Joyce Mason

  79. Added Alternate Co-Sponsor Rep. Aaron M. Ortiz

  80. Added Alternate Co-Sponsor Rep. Sam Yingling

  81. Added Alternate Co-Sponsor Rep. Justin Slaughter

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

  83. Added Alternate Co-Sponsor Rep. Kambium Buckner

  84. Added Alternate Co-Sponsor Rep. Daniel Didech

  85. Added Alternate Co-Sponsor Rep. Kelly M. Cassidy

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

  87. Added Alternate Co-Sponsor Rep. Jonathan Carroll

  88. Added Alternate Co-Sponsor Rep. Celina Villanueva

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

  90. Alternate Chief Co-Sponsor Changed to Rep. Kathleen Willis

  91. Added Alternate Chief Co-Sponsor Rep. Emanuel Chris Welch

  92. Added Alternate Chief Co-Sponsor Rep. Kathleen Willis

  93. Added Alternate Co-Sponsor Rep. Anne Stava-Murray

  94. Added as Co-Sponsor Sen. Martin A. Sandoval

  95. Added Alternate Co-Sponsor Rep. Luis Arroyo

  96. Added Alternate Co-Sponsor Rep. Will Guzzardi

  97. Assigned to Human Services Committee

  98. Added as Co-Sponsor Sen. Jennifer Bertino-Tarrant

  99. Added Alternate Co-Sponsor Rep. Theresa Mah

  100. Referred to Rules Committee

  101. First Reading

  102. Added Alternate Co-Sponsor Rep. Sonya M. Harper

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

  104. Chief House Sponsor Rep. Anna Moeller

  105. Arrived in House

  106. Third Reading - Passed; 039-019-000

  107. Placed on Calendar Order of 3rd Reading

  108. Senate Floor Amendment No. 2 Adopted; Collins

  109. Recalled to Second Reading

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

  111. Senate Floor Amendment No. 2 Assignments Refers to Human Services

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

  113. Second Reading

  114. Senate Floor Amendment No. 2 Referred to Assignments

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

  116. Added as Co-Sponsor Sen. Antonio Muñoz

  117. Added as Co-Sponsor Sen. Linda Holmes

  118. Added as Co-Sponsor Sen. Toi W. Hutchinson

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

  120. Added as Co-Sponsor Sen. Michael E. Hastings

  121. Added as Co-Sponsor Sen. Ann Gillespie

  122. Added as Co-Sponsor Sen. Pat McGuire

  123. Added as Chief Co-Sponsor Sen. Melinda Bush

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

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

  126. Added as Co-Sponsor Sen. Bill Cunningham

  127. Added as Co-Sponsor Sen. Patricia Van Pelt

  128. Added as Co-Sponsor Sen. Christopher Belt

  129. Added as Co-Sponsor Sen. Omar Aquino

  130. Added as Co-Sponsor Sen. Cristina Castro

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

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

  133. Senate Committee Amendment No. 1 Adopted

  134. Added as Co-Sponsor Sen. Emil Jones, III

  135. Added as Co-Sponsor Sen. Ram Villivalam

  136. Sponsor Removed Sen. Julie A. Morrison

  137. Added as Co-Sponsor Sen. Laura Fine

  138. Added as Co-Sponsor Sen. Laura M. Murphy

  139. Added as Co-Sponsor Sen. Robert Peters

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

  141. Added as Chief Co-Sponsor Sen. Mattie Hunter

  142. Added as Co-Sponsor Sen. Napoleon Harris, III

  143. Senate Committee Amendment No. 1 Assignments Refers to Human Services

  144. Senate Committee Amendment No. 1 Referred to Assignments

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

  146. Assigned to Human Services

  147. Referred to Assignments

  148. First Reading

  149. Filed with Secretary by Sen. Jacqueline Y. Collins

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 87 co-sponsors · 96 not signed on · 13 voted No

Sponsors (0)

None.

Co-sponsors (87)

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 112 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 40005
Democrat 50001
Republican 22000
Total 112006
% of votes cast 95%0%0%5%
How each member voted (118)
Member Party Vote
Reitz — Yea
Pappas — Yea
Ramirez — Yea
Greenwood — Yea
Bailey — Yea
D'Amico — Yea
Daugherty — Yea
Mazzochi — Yea
Davis — Yea
Welter — Yea
McSweeney — Yea
Wheeler — Yea
Demmer — Yea
Durkin — Yea
Willis — Yea
Flowers — Yea
Yednock — Yea
Yingling — Yea
Zalewski — Yea
Ozinga — Yea
Kalish — Not Voting
Connor — Not Voting
Wehrli — Not Voting
Frese — Not Voting
Madigan — Not Voting
Batinick — Yea
Bennett — Yea
Robinson — Yea
Bourne — Yea
Brady — Yea
Bristow — Yea
Harris — Yea
Sommer — Yea
Burke — Yea
Butler — Yea
Hurley — Yea
Carroll — Yea
Jones — Yea
Caulkins — Yea
Thapedi — Yea
Conroy — Yea
Unes — Yea
Marron — Yea
Costa Howard — Yea
Williams, Jawaharial — Yea
Aarón M. Ortíz Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Edgar González, Jr. Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Not Voting
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jackie Haas Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Concurrence, Amendment 3

Passed 57 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 12000
Unaffiliated 22001
Democrat 23000
Total 57001
% of votes cast 98%0%0%2%
How each member voted (58)
Member Party Vote
Manar — Yea
Schimpf — Yea
Gillespie — Yea
Barickman — Yea
Steans — Yea
McGuire — Yea
Harris — Yea
Bennett — Yea
Stewart — Yea
Bush — Yea
Stoller — Yea
Muñoz — Yea
Johnson — Yea
Crowe — Yea
Pacione-Zayas — Yea
Cullerton, T. — Yea
Landek — Yea
Cullerton — Yea
Righter — Yea
Oberweis — Not Voting
Glowiak Hilton — Yea
Loughran Cappel — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea

Concurrence

Passed 57 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 12000
Unaffiliated 22001
Democrat 23000
Total 57001
% of votes cast 98%0%0%2%
How each member voted (58)
Member Party Vote
Manar — Yea
Schimpf — Yea
Gillespie — Yea
Barickman — Yea
Steans — Yea
McGuire — Yea
Harris — Yea
Bennett — Yea
Stewart — Yea
Bush — Yea
Stoller — Yea
Muñoz — Yea
Johnson — Yea
Crowe — Yea
Pacione-Zayas — Yea
Cullerton, T. — Yea
Landek — Yea
Cullerton — Yea
Righter — Yea
Oberweis — Not Voting
Glowiak Hilton — Yea
Loughran Cappel — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Celina Villanueva Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Patrick J. Joyce Democrat Yea
Ram Villivalam Democrat Yea
Robert F. Martwick Democrat Yea
Robert Peters Democrat Yea
Sara Feigenholtz Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea

Third Reading

Passed 39 Yea · 19 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 19601
Democrat 20000
Republican 01300
Total 391901
% of votes cast 66%32%0%2%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Manar — Yea
Martinez — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Schimpf — Nay
Barickman — Nay
Stewart — Nay
Brady — Nay
Oberweis — Nay
Righter — Nay
Harris — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Nay
Craig Wilcox Republican Nay
Dale Fowler Republican Nay
Dan McConchie Republican Nay
Dave Syverson Republican Nay
Donald P. DeWitte Republican Nay
Jason Plummer Republican Nay
Jil Tracy Republican Nay
John F. Curran Republican Nay
Neil Anderson Republican Nay
Steve McClure Republican Nay
Sue Rezin Republican Nay
Travis Weaver Republican Nay

Subjects

healthcare labor health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1510 do?
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.
Who sponsors SB 1510?
SB 1510 is sponsored by Hernandez, Lisa, Costa Howard, Heather A. Steans, Mattie Hunter (Democrat), Iris Y. Martinez, Kimberly A. Lightford (Democrat), Melinda Bush, Napoleon Harris III (Democrat), Robert Peters (Democrat), Laura M. Murphy (Democrat), Laura Fine (Democrat), Ram Villivalam (Democrat), Emil Jones, III (Democrat), Cristina Castro (Democrat), Omar Aquino (Democrat), Christopher Belt (Democrat), Van Pelt, Pat McGuire, Ann Gillespie, Michael E. Hastings (Democrat), Elgie R. Sims, Jr. (Democrat), Toi W. Hutchinson, Linda Holmes (Democrat), Antonio Muñoz, Jennifer Bertino-Tarrant, Martin A. Sandoval, La Shawn K. Ford, Kathleen Willis, Emanuel Chris Welch, Sonya M. Harper (Democrat), Theresa Mah (Democrat), Will Guzzardi (Democrat), Luis Arroyo, Anne Stava (Democrat), Celina Villanueva (Democrat), Jonathan Carroll, Jaime M. Andrade, Jr. (Democrat), Kelly M. Cassidy (Democrat), Daniel Didech (Democrat), Kam Buckner (Democrat), Marcus C. Evans, Jr. (Democrat), Justin Slaughter (Democrat), Sam Yingling, Aarón M. Ortíz (Democrat), Joyce Mason (Democrat), Arthur Turner, Jay Hoffman, Thaddeus Jones (Democrat), Michael W. Halpin (Democrat), Carol Ammons (Democrat), André Thapedi, Bill Cunningham (Democrat), Maurice A. West, II (Democrat), Debbie Meyers-Martin (Democrat), Sue Scherer (Democrat), Nicholas K. Smith (Democrat), Mary E. Flowers, Diane Pappas, Curtis J. Tarver, II (Democrat), Robert "Bob" Rita (Democrat), Rita Mayfield (Democrat), Barbara Hernandez (Democrat), Delia C. Ramirez, Mark L. Walker (Democrat), John Connor, Deb Conroy, LaToya Greenwood, Jehan Gordon-Booth, Frances Ann Hurley, Lamont J. Robinson, Jr., Katie Stuart (Democrat), Natalie A. Manley (Democrat), Sara Feigenholtz (Democrat), Robyn Gabel (Democrat), Jonathan "Yoni" Pizer, Deanne M. Mazzochi, Andrew S. Chesney (Republican), Amy L. Grant (Republican), Jeff Keicher (Republican), Mark Batinick, Jackie Haas, Daniel J. Ugaste (Republican), Julie A. Morrison (Democrat), Mary Edly-Allen (Democrat), Robert F. Martwick (Democrat), and Karina Villa (Democrat).
What is the current status of SB 1510?
This bill died with 101st Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1510?
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