HB 4856 — NURSING HOME ADMIN-REPORTING

*LRB09616812ASK32119b* HB4856 96THEngrossed GENERALLRB096 ASSEMBLY16812 StateASK of32119 Illinoisb andAN 2010ACT HB4856concerning Introducedprofessional 1/15/2010,regulation. by Rep.

Sara Feigenholtz SYNOPSIS AS INTRODUCED:

See Index Amends the Nursing Home Administrators Licensing and Disciplinary Act.

Adds to the grounds for disciplinary action the failure to report certain specified events involving acts or conduct similar to acts or conduct which would constitute grounds for disciplinary action under the Act.

Creates separate reporting requirements related to licensees under the Act for the following groups:

(1) the chief administrator or executive officer of any health care institution licensed by the Illinois Department of Public Health, including nursing homes;

(2) any insurance company that offers policies of professional liability insurance to licensees or any other entity which seeks to indemnify the professional liability of a licensee;

(3) the State's Attorney of each county;

and (4) any agency, board, commission, department, or other instrumentality of the government of the State of Illinois.

Provides that upon the receipt of any report required by the Act, the Department shall notify in writing, by certified mail, the person who is the subject of the report within 30 days after receipt by the Department of the report.

Provides that the Department shall, in writing, make a determination as to whether there are sufficient facts to warrant further investigation or action and that failure to make such determination within the time provided shall be deemed to be a determination that there are not sufficient facts to warrant further investigation or action.

Provides that any violation of the reporting provisions shall be a Class A misdemeanor.

Provides for injunctive relief.

Effective on January 1, 2011.

LRB096 16812 ASK 32119 b CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY A BILL FOR HB4856 LRB096 16812 ASK 32119 b AN ACT concerning professional regulation.

(2) Conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof or a misdemeanor of which an essential element is dishonesty or that is directly related to the practice of the profession HB4856 Engrossed - 2 - LRB096 16812 ASK 32119 b of nursing home administration.

(11) Physical illness, mental illness, or other HB4856 Engrossed - 3 - LRB096 16812 ASK 32119 b impairment or disability, including, but not limited to, deterioration through the aging process, or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill or safety.

HB4856 Engrossed - 4 - LRB096 16812 ASK 32119 b (20) Failure to report to the Department the surrender of a license or authorization to practice as a nursing home administrator in another state or jurisdiction for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.

HB4856 Engrossed - 5 - LRB096 16812 ASK 32119 b The Department, upon the recommendation of the Board, may adopt rules which set forth standards to be used in determining what constitutes:

No information shall be excluded by reason of any common law or HB4856 Engrossed - 6 - LRB096 16812 ASK 32119 b statutory privilege relating to communications between the licensee or applicant and the examining physician.

Any individual whose license was granted pursuant to this Act or continued, reinstated, renewed, disciplined or supervised, subject to such terms, conditions or restrictions who shall fail to comply with such terms, conditions or restrictions shall be referred to the Secretary for a determination as to whether the licensee shall have his or her license suspended HB4856 Engrossed - 7 - LRB096 16812 ASK 32119 b immediately, pending a hearing by the Department.

(c) Members of the Board, and persons retained under contract to assist and advise in an investigation, shall be indemnified by the State for any actions occurring within the HB4856 Engrossed - 8 - LRB096 16812 ASK 32119 b scope of services on or for the Board, done in good faith and not wilful and wanton in nature.

(d) The determination by a circuit court that a licensee is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities HB4856 Engrossed - 9 - LRB096 16812 ASK 32119 b Code, as amended, operates as an automatic suspension.

(a) The Department may impose fines not to exceed $10,000 or may refuse to issue or to renew, or may revoke, suspend, place on probation, censure, reprimand or take other HB4856 Engrossed - 10 - LRB096 16812 ASK 32119 b disciplinary or non-disciplinary action with regard to the license of any person, for any one or combination of the following causes:

HB4856 Engrossed - 11 - LRB096 16812 ASK 32119 b (8) Discipline by another U.S.

(17) Conviction of a violation of Section 12-19 of the Criminal Code of 1961 for the abuse and gross neglect of a HB4856 Engrossed - 12 - LRB096 16812 ASK 32119 b long term care facility resident.

All proceedings to suspend, revoke, place on probationary status, or take any other disciplinary action as the Department may deem proper, with regard to a license on any of the foregoing grounds, must be commenced within 5 years next after receipt by the Department of (i) a complaint alleging the HB4856 Engrossed - 13 - LRB096 16812 ASK 32119 b commission of or notice of the conviction order for any of the acts described herein or (ii) a referral for investigation under Section 3-108 of the Nursing Home Care Act.

HB4856 Engrossed - 14 - LRB096 16812 ASK 32119 b In enforcing this Section, the Department or Board, upon a showing of a possible violation, may compel any individual licensed to practice under this Act, or who has applied for licensure pursuant to this Act, to submit to a mental or physical examination, or both, as required by and at the expense of the Department.

If the Department or Board finds an individual unable to practice because of the reasons set forth in this Section, the Department or Board shall require such individual to submit to care, counseling, or treatment by physicians approved or designated by the Department or Board, as a condition, term, or HB4856 Engrossed - 15 - LRB096 16812 ASK 32119 b restriction for continued, reinstated, or renewed licensure to practice;

HB4856 Engrossed - 16 - LRB096 16812 ASK 32119 b (b) Any individual or organization acting in good faith, and not in a wilful and wanton manner, in complying with this Act by providing any report or other information to the Department, or assisting in the investigation or preparation of such information, or by participating in proceedings of the Department, or by serving as a member of the Board, shall not, as a result of such actions, be subject to criminal prosecution or civil damages.

A person entitled to indemnification under this Section must notify the Attorney General within 7 days of receipt of HB4856 Engrossed - 17 - LRB096 16812 ASK 32119 b notice of the initiation of any action involving services of the Board.

(f) The Department of Public Health shall transmit to the HB4856 Engrossed - 18 - LRB096 16812 ASK 32119 b Department a list of those facilities which receive an "A" violation as defined in Section 1-129 of the Nursing Home Care Act.

(b) Any insurance company that offers policies of professional liability insurance to licensees, or any other entity that seeks to indemnify the professional liability of a licensee, shall report the settlement of any claim or adverse final judgment rendered in any cause of action that alleged HB4856 Engrossed - 19 - LRB096 16812 ASK 32119 b negligence in planning, organizing, directing, or supervising the operation of a nursing home by the licensee.

(1) The name, address, and telephone number of the HB4856 Engrossed - 20 - LRB096 16812 ASK 32119 b person making the report.

(f) Any individual or organization acting in good faith, and not in a wilful and wanton manner, in complying with this Act by providing any report or other information to the HB4856 Engrossed - 21 - LRB096 16812 ASK 32119 b Department, or assisting in the investigation or preparation of such information, or by voluntarily reporting to the Department information regarding alleged errors or negligence by a licensee, or by participating in proceedings of the Department, shall not, as a result of such actions, be subject to criminal prosecution or civil damages.

The Department shall review a report received by it, together with any supporting information and responding statements submitted by the person who is the subject of the HB4856 Engrossed - 22 - LRB096 16812 ASK 32119 b report.

Proceedings under this paragraph shall be in HB4856 Engrossed - 23 - LRB096 16812 ASK 32119 b addition to, and not in lieu of, all other remedies and penalties provided for by this Section.

HB4856 Engrossed - 24 - LRB096 16812 ASK 32119 b INDEX Statutes amended in order of appearance 225 ILCS 70/17 from Ch.