Illinois 96th Regular Session Status: Enacted

SB 321 — NURSNG HOME-PENALTY-COLLECTION

Last action — Public Act . . . . . . . . . 96-0883

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 06, 2009. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    0 primary, 8 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Nursing Home Care Act. Provides that if the Director of Public Health determines that it would be in the best interests of the residents of a nursing home to do so, the Director may require that the nursing home use the amount of any penalty assessed under the Act for the purpose of implementing a directed plan of correction rather than pay the amount of the penalty to the Department of Public Health for deposit into the Long Term Care Monitor/Receiver Fund. Provides that if the Director of Public Health requires a facility to use the amount of a penalty for the purpose of implementing a directed plan of correction, it is the Department of Public Health's responsibility to ensure that the facility in fact uses the amount of the penalty for that purpose. Effective immediately.

Bill Text

What changed in the latest version

114 added · 555 removed

Plain-language change summary

The bill SB 321 has been amended to specify new regulations for Freestanding Emergency Centers (FECs). Previously, the bill allowed the Department of Public Health to issue an FEC license under certain conditions, but now it emphasizes the requirement for these centers to be located near a hospital and outlines stricter standards for operation and staffing, including the necessity for at least one board-certified emergency physician. This change is important because it aims to ensure higher quality care and safety for patients using these emergency facilities, especially in less populated areas.

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SB0321 Engrossed LRB096 03661 DRJ 13689 b AN ACT concerning regulation.
SB0321 Enrolled LRB096 03661 DRJ 13689 b AN ACT concerning regulation.
The Illinois Act on the Aging is amended by changing Section 4.04 as follows:
The Emergency Medical Services (EMS) Systems Act is amended by changing Section 32.5 as follows:
(20 ILCS 105/4.04) (from Ch.
(210 ILCS 50/32.5) Sec.
23, par.
32.5.
6104.04) Sec.
Freestanding Emergency Center.
4.04.
(a) Until June 30, 2009, the Department shall issue an annual Freestanding Emergency Center (FEC) license to any facility that:
Long Term Care Ombudsman Program.
(1) is located:
(a) Long Term Care Ombudsman Program.
(A) in a municipality with a population of 75,000 or fewer inhabitants;
The Department shall establish a Long Term Care Ombudsman Program, through the Office of State Long Term Care Ombudsman ("the Office"), in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended.
(B) within 20 miles of the hospital that owns or controls the FEC;
(b) Definitions.
and (C) within 20 miles of the Resource Hospital affiliated with the FEC as part of the EMS System;
As used in this Section, unless the context requires otherwise:
(2) is wholly owned or controlled by an Associate or Resource Hospital, but is not a part of the hospital's physical plant;
(1) "Access" has the same meaning as in Section 1-104 of the Nursing Home Care Act, as now or hereafter amended;
(3) meets the standards for licensed FECs, adopted by rule of the Department, including, but not limited to:
that is, it means the right to:
(A) facility design, specification, operation, and maintenance standards;
(i) Enter any long term care facility or assisted living or shared housing establishment or supportive living facility;
(B) equipment standards;
(ii) Communicate privately and without restriction with any resident, regardless of age, who consents to the communication;
and SB0321 Enrolled - 2 - LRB096 03661 DRJ 13689 b (C) the number and qualifications of emergency medical personnel and other staff, which must include at least one board certified emergency physician present at the FEC 24 hours per day.
SB0321 Engrossed - 2 - LRB096 03661 DRJ 13689 b (iii) Seek consent to communicate privately and without restriction with any resident, regardless of age;
(4) limits its participation in the EMS System strictly to receiving a limited number of BLS runs by emergency medical vehicles according to protocols developed by the Resource Hospital within the FEC's designated EMS System and approved by the Project Medical Director and the Department;
(iv) Inspect the clinical and other records of a resident, regardless of age, with the express written consent of the resident;
(5) provides comprehensive emergency treatment services, as defined in the rules adopted by the Department pursuant to the Hospital Licensing Act, 24 hours per day, on an outpatient basis;
(v) Observe all areas of the long term care facility or supportive living facilities, assisted living or shared housing establishment except the living area of any resident who protests the observation.
(6) provides an ambulance and maintains on site ambulance services staffed with paramedics 24 hours per day;
(2) "Long Term Care Facility" means (i) any facility as defined by Section 1-113 of the Nursing Home Care Act, as now or hereafter amended;
(7) maintains helicopter landing capabilities approved by appropriate State and federal authorities;
and (ii) any skilled nursing facility or a nursing facility which meets the requirements of Section 1819(a), (b), (c), and (d) or Section 1919(a), (b), (c), and (d) of the Social Security Act, as now or hereafter amended (42 U.S.C.
(8) complies with all State and federal patient rights provisions, including, but not limited to, the Emergency Medical Treatment Act and the federal Emergency Medical Treatment and Active Labor Act;
1395i-3(a), (b), (c), and (d) and 42 U.S.C.
(9) maintains a communications system that is fully integrated with its Resource Hospital within the FEC's designated EMS System;
1396r(a), (b), (c), and (d)).
SB0321 Enrolled - 3 - LRB096 03661 DRJ 13689 b (10) reports to the Department any patient transfers from the FEC to a hospital within 48 hours of the transfer plus any other data determined to be relevant by the Department;
(2.5) "Assisted living establishment" and "shared housing establishment" have the meanings given those terms in Section 10 of the Assisted Living and Shared Housing Act.
(11) submits to the Department, on a quarterly basis, the FEC's morbidity and mortality rates for patients treated at the FEC and other data determined to be relevant by the Department;
(2.7) "Supportive living facility" means a facility established under Section 5-5.01a of the Illinois Public Aid Code.
(12) does not describe itself or hold itself out to the general public as a full service hospital or hospital emergency department in its advertising or marketing activities;
SB0321 Engrossed - 3 - LRB096 03661 DRJ 13689 b (3) "State Long Term Care Ombudsman" means any person employed by the Department to fulfill the requirements of the Office of State Long Term Care Ombudsman as required under the Older Americans Act of 1965, as now or hereafter amended, and Departmental policy.
(13) complies with any other rules adopted by the Department under this Act that relate to FECs;
(3.1) "Ombudsman" means any designated representative of a regional long term care ombudsman program;
(14) passes the Department's site inspection for compliance with the FEC requirements of this Act;
provided that the representative, whether he is paid for or volunteers his ombudsman services, shall be qualified and designated by the Office to perform the duties of an ombudsman as specified by the Department in rules and in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended.
(15) submits a copy of the permit issued by the Illinois Health Facilities Planning Board indicating that the facility has complied with the Illinois Health Facilities Planning Act with respect to the health services to be provided at the facility;
(c) Ombudsman;
(16) submits an application for designation as an FEC in a manner and form prescribed by the Department by rule;
rules.
and (17) pays the annual license fee as determined by the Department by rule.
The Office of State Long Term Care Ombudsman shall be composed of at least one full-time ombudsman and shall include a system of designated regional long term care ombudsman programs.
SB0321 Enrolled - 4 - LRB096 03661 DRJ 13689 b (a-5) Notwithstanding any other provision of this Section, the Department may issue an annual FEC license to a facility that is located in a county that does not have a licensed general acute care hospital if the facility's application for a permit from the Illinois Health Facilities Planning Board has been deemed complete by the Department of Public Health by March 1, 2009 and if the facility complies with the requirements set forth in paragraphs (1) through (17) of subsection (a).
Each regional program shall be designated by the State Long Term Care Ombudsman as a subdivision of the Office and any representative of a regional program shall be treated as a representative of the Office.
(a-10) Notwithstanding any other provision of this Section, the Department may issue an annual FEC license to a facility if the facility has, by March 31, 2009, filed a letter of intent to establish an FEC and if the facility complies with the requirements set forth in paragraphs (1) through (17) of subsection (a).
The Department, in consultation with the Office, shall promulgate administrative rules in accordance with the provisions of the Older Americans Act of 1965, as now or hereafter amended, to establish the responsibilities of the Department and the Office of State Long Term Care Ombudsman and the designated regional Ombudsman programs.
(b) The Department shall:
The administrative SB0321 Engrossed - 4 - LRB096 03661 DRJ 13689 b rules shall include the responsibility of the Office and designated regional programs to investigate and resolve complaints made by or on behalf of residents of long term care facilities, supportive living facilities, and assisted living and shared housing establishments, including the option to serve residents under the age of 60, relating to actions, inaction, or decisions of providers, or their representatives, of long term care facilities, of supported living facilities, of assisted living and shared housing establishments, of public agencies, or of social services agencies, which may adversely affect the health, safety, welfare, or rights of such residents.
(1) annually inspect facilities of initial FEC applicants and licensed FECs, and issue annual licenses to or annually relicense FECs that satisfy the Department's licensure requirements as set forth in subsection (a);
The Office and designated regional programs may represent all residents, but are not required by this Act to represent persons under 60 years of age, except to the extent required by federal law.
(2) suspend, revoke, refuse to issue, or refuse to renew the license of any FEC, after notice and an opportunity for a hearing, when the Department finds that the FEC has failed to comply with the standards and requirements of the Act or rules adopted by the Department under the Act;
When necessary and appropriate, representatives of the Office shall refer complaints to the appropriate regulatory State agency.
SB0321 Enrolled - 5 - LRB096 03661 DRJ 13689 b (3) issue an Emergency Suspension Order for any FEC when the Director or his or her designee has determined that the continued operation of the FEC poses an immediate and serious danger to the public health, safety, and welfare.
The Department, in consultation with the Office, shall cooperate with the Department of Human Services and other State agencies in providing information and training to designated regional long term care ombudsman programs about the appropriate assessment and treatment (including information about appropriate supportive services, treatment options, and assessment of rehabilitation potential) of the residents they serve, including children, persons with mental illness (other than Alzheimer's disease and related disorders), and persons with SB0321 Engrossed - 5 - LRB096 03661 DRJ 13689 b developmental disabilities.
An opportunity for a hearing shall be promptly initiated after an Emergency Suspension Order has been issued;
The State Long Term Care Ombudsman and all other ombudsmen, as defined in paragraph (3.1) of subsection (b) must submit to background checks under the Health Care Worker Background Check Act and receive training, as prescribed by the Illinois Department on Aging, before visiting facilities.
and (4) adopt rules as needed to implement this Section.
The training must include information specific to assisted living establishments, supportive living facilities, and shared housing establishments and to the rights of residents guaranteed under the corresponding Acts and administrative rules.
(c-5) Consumer Choice Information Reports.
The Office shall:
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(1) In collaboration with the Attorney General, create a Consumer Choice Information Report form to be completed by all licensed long term care facilities to aid Illinoisans and their families in making informed choices about long term care.
The Office shall create a Consumer Choice Information Report for each type of licensed long term care facility.
(2) Develop a database of Consumer Choice Information Reports completed by licensed long term care facilities that includes information in the following consumer categories:
(A) Medical Care, Services, and Treatment.
(B) Special Services and Amenities.
SB0321 Engrossed - 6 - LRB096 03661 DRJ 13689 b (C) Staffing.
(D) Facility Statistics and Resident Demographics.
(E) Ownership and Administration.
(F) Safety and Security.
(G) Meals and Nutrition.
(H) Rooms, Furnishings, and Equipment.
(I) Family, Volunteer, and Visitation Provisions.
(3) Make this information accessible to the public, including on the Internet by means of a hyperlink labeled "Resident's Right to Know" on the Office's World Wide Web home page.
(4) Have the authority, with the Attorney General, to verify that information provided by a facility is accurate.
(5) Request a new report from any licensed facility whenever it deems necessary.
(d) Access and visitation rights.
(1) In accordance with subparagraphs (A) and (E) of paragraph (3) of subsection (c) of Section 1819 and subparagraphs (A) and (E) of paragraph (3) of subsection (c) of Section 1919 of the Social Security Act, as now or hereafter amended (42 U.S.C.
1395i-3 (c)(3)(A) and (E) and 42 U.S.C.
1396r (c)(3)(A) and (E)), and Section 712 of the Older Americans Act of 1965, as now or hereafter amended (42 U.S.C.
3058f), a long term care facility, supportive living facility, assisted living establishment, and shared housing establishment must:
SB0321 Engrossed - 7 - LRB096 03661 DRJ 13689 b (i) permit immediate access to any resident, regardless of age, by a designated ombudsman;
and (ii) permit representatives of the Office, with the permission of the resident's legal representative or legal guardian, to examine a resident's clinical and other records, regardless of the age of the resident, and if a resident is unable to consent to such review, and has no legal guardian, permit representatives of the Office appropriate access, as defined by the Department, in consultation with the Office, in administrative rules, to the resident's records.
(2) Each long term care facility, supportive living facility, assisted living establishment, and shared housing establishment shall display, in multiple, conspicuous public places within the facility accessible to both visitors and residents and in an easily readable format, the address and phone number of the Office of the Long Term Care Ombudsman, in a manner prescribed by the Office.
(e) Immunity.
An ombudsman or any representative of the Office participating in the good faith performance of his or her official duties shall have immunity from any liability (civil, criminal or otherwise) in any proceedings (civil, criminal or otherwise) brought as a consequence of the performance of his official duties.
(f) Business offenses.
SB0321 Engrossed - 8 - LRB096 03661 DRJ 13689 b (1) No person shall:
(i) Intentionally prevent, interfere with, or attempt to impede in any way any representative of the Office in the performance of his official duties under this Act and the Older Americans Act of 1965;
or (ii) Intentionally retaliate, discriminate against, or effect reprisals against any long term care facility resident or employee for contacting or providing information to any representative of the Office.
(2) A violation of this Section is a business offense, punishable by a fine not to exceed $501.
(3) The Director of Aging, in consultation with the Office, shall notify the State's Attorney of the county in which the long term care facility, supportive living facility, or assisted living or shared housing establishment is located, or the Attorney General, of any violations of this Section.
(g) Confidentiality of records and identities.
The Department shall establish procedures for the disclosure by the State Ombudsman or the regional ombudsmen entities of files maintained by the program.
The procedures shall provide that the files and records may be disclosed only at the discretion of the State Long Term Care Ombudsman or the person designated by the State Ombudsman to disclose the files and records, and the procedures shall prohibit the disclosure of the identity of SB0321 Engrossed - 9 - LRB096 03661 DRJ 13689 b any complainant, resident, witness, or employee of a long term care provider unless:
(1) the complainant, resident, witness, or employee of a long term care provider or his or her legal representative consents to the disclosure and the consent is in writing;
(2) the complainant, resident, witness, or employee of a long term care provider gives consent orally;
and the consent is documented contemporaneously in writing in accordance with such requirements as the Department shall establish;
or (3) the disclosure is required by court order.
(h) Legal representation.
The Attorney General shall provide legal representation to any representative of the Office against whom suit or other legal action is brought in connection with the performance of the representative's official duties, in accordance with the State Employee Indemnification Act.
(i) Treatment by prayer and spiritual means.
Nothing in this Act shall be construed to authorize or require the medical supervision, regulation or control of remedial care or treatment of any resident in a long term care facility operated exclusively by and for members or adherents of any church or religious denomination the tenets and practices of which include reliance solely upon spiritual means through prayer for healing.
SB0321 Engrossed - 10 - LRB096 03661 DRJ 13689 b (j) The Long Term Care Ombudsman Fund is created as a special fund in the State treasury to receive moneys for the express purposes of this Section.
All interest earned on moneys in the fund shall be credited to the fund.
Moneys contained in the fund shall be used to support the purposes of this Section.
95-620, eff.
95-584, eff.
9-17-07;
8-31-07.) Section 99.
95-823, eff.
1-1-09;
revised 9-5-08.) Section 10.
The State Finance Act is amended by adding Sections 5.719 and 5.720 as follows:
(30 ILCS 105/5.719 new) Sec.
5.719.
The Long Term Care Ombudsman Fund.
(30 ILCS 105/5.720 new) Sec.
5.720.
The Nursing Home Conversion Fund.
Section 15.
The Nursing Home Care Act is amended by changing Sections 3-103 and 3-308 as follows:
(210 ILCS 45/3-103) (from Ch.
111 1/2, par.
4153-103) Sec.
3-103.
The procedure for obtaining a valid license shall be as follows:
(1) Application to operate a facility shall be made to the Department on forms furnished by the Department.
(2) All license applications shall be accompanied with SB0321 Engrossed - 11 - LRB096 03661 DRJ 13689 b an application fee.
The fee for an annual license shall be $995.
Facilities that pay a fee or assessment pursuant to Article V-C of the Illinois Public Aid Code shall be exempt from the license fee imposed under this item (2).
The fee for a 2-year license shall be double the fee for the annual license set forth in the preceding sentence.
The fees collected shall be deposited with the State Treasurer into the Long Term Care Monitor/Receiver Fund, which has been created as a special fund in the State treasury.
This special fund is to be used by the Department for expenses related to the appointment of monitors and receivers as contained in Sections 3-501 through 3-517 of this Act, for the enforcement of this Act, and for implementation of the Abuse Prevention Review Team Act.
At the end of each fiscal year, any funds in excess of $1,250,000 $1,000,000 held in the Long Term Care Monitor/Receiver Fund shall be distributed in the following manner:
(i) an amount not to exceed $250,000 shall be deposited into the Long Term Care Ombudsman Fund;
(ii) from the remainder, if any, an amount not to exceed $250,000 shall be deposited into the Nursing Home Conversion Fund;
and (iii) the remainder, if any, shall be deposited in the State's General Revenue Fund.
The application shall be under oath and the submission of false or misleading information shall be a Class A misdemeanor.
The application shall contain the following information:
(a) The name and address of the applicant if an SB0321 Engrossed - 12 - LRB096 03661 DRJ 13689 b individual, and if a firm, partnership, or association, of every member thereof, and in the case of a corporation, the name and address thereof and of its officers and its registered agent, and in the case of a unit of local government, the name and address of its chief executive officer;
(b) The name and location of the facility for which a license is sought;
(c) The name of the person or persons under whose management or supervision the facility will be conducted;
(d) The number and type of residents for which maintenance, personal care, or nursing is to be provided;
and (e) Such information relating to the number, experience, and training of the employees of the facility, any management agreements for the operation of the facility, and of the moral character of the applicant and employees as the Department may deem necessary.
(3) Each initial application shall be accompanied by a financial statement setting forth the financial condition of the applicant and by a statement from the unit of local government having zoning jurisdiction over the facility's location stating that the location of the facility is not in violation of a zoning ordinance.
An initial application SB0321 Engrossed - 13 - LRB096 03661 DRJ 13689 b for a new facility shall be accompanied by a permit as required by the "Illinois Health Facilities Planning Act".
After the application is approved, the applicant shall advise the Department every 6 months of any changes in the information originally provided in the application.
(4) Other information necessary to determine the identity and qualifications of an applicant to operate a facility in accordance with this Act shall be included in the application as required by the Department in regulations.
(Source:
P.A.
93-32, eff.
7-1-03;
93-841, eff.
7-30-04;
94-931, eff.
6-26-06.) (210 ILCS 45/3-308) (from Ch.
111 1/2, par.
4153-308) Sec.
3-308.
In the case of a Type "A" violation, a penalty may be assessed from the date on which the violation is discovered.
In the case of a Type "B" or Type "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, the facility shall submit a plan of correction as provided in Section 3-303.
In the case of a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, a penalty shall be assessed on the date of notice of the violation, but the Director may reduce the amount or waive such payment for any of the following reasons:
SB0321 Engrossed - 14 - LRB096 03661 DRJ 13689 b (a) The facility submits a true report of correction within 10 days;
(b) The facility submits a plan of correction within 10 days and subsequently submits a true report of correction within 15 days thereafter;
(c) The facility submits a plan of correction within 10 days which provides for a correction time that is less than or equal to 30 days and the Department approves such plan;
or (d) The facility submits a plan of correction for violations involving substantial capital improvements which provides for correction within the initial 90 day limit provided under Section 3-303.
The Director or his or her designee may reduce the amount of a penalty assessed pursuant to Section 3-305.
A facility shall submit to the Director a written request for a penalty reduction, in a form prescribed by the Department, which includes an accounting of all costs for goods and services purchased in correcting the violation.
A facility that accepts a penalty reduction under this Section waives its right to dispute a notice of violation and any remaining fine or penalty in an administrative hearing.
The Director shall consider the following factors in determinations to reduce or waive such penalties:
(1) The gravity of the violation, including the probability that death or serious physical or mental harm SB0321 Engrossed - 15 - LRB096 03661 DRJ 13689 b to a resident will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or regulations were violated.
The violation has not caused actual harm to a resident;
(2) The reasonable diligence exercised by the licensee and efforts to correct violations.
The facility has made a diligent effort to correct the violation and to prevent its recurrence;
(3) Any previous violations committed by the licensee.
The facility has no record of a pervasive pattern of the same or similar violations;
and (4) The financial benefit to the facility of committing or continuing the violation.
The facility has a record of substantial compliance with this Act and the regulations promulgated hereunder.
(5) Facility remediation of the problem beyond the minimum requirements established by the applicable regulations.
(6) Any other factors deemed important by the Director.
In all determinations which result in reduction of a penalty, the Department shall make available to the public, upon request, information detailing those determinations.
If a plan of correction is approved and carried out for a Type "C" violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan SB0321 Engrossed - 16 - LRB096 03661 DRJ 13689 b of correction.
If a plan of correction is approved and carried out for a Type "B" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder, with respect to a violation that continues after the date of notice of violation, the fine provided under Section 3-305 shall be suspended for the time period specified in the approved plan of correction.
If a good faith plan of correction is not received within the time provided by Section 3-303, a penalty may be assessed from the date of the notice of the Type "B" or "C" violation or an administrative warning issued pursuant to Sections 3-401 through 3-413 or the rules promulgated thereunder served under Section 3-301 until the date of the receipt of a good faith plan of correction, or until the date the violation is corrected, whichever is earlier.
If a violation is not corrected within the time specified by an approved plan of correction or any lawful extension thereof, a penalty may be assessed from the date of notice of the violation, until the date the violation is corrected.
(Source:
P.A.
87-549.) Section 20.
The Older Adult Services Act is amended by changing Section 30 as follows:
(320 ILCS 42/30) Sec.
30.
Nursing home conversion program.
SB0321 Engrossed - 17 - LRB096 03661 DRJ 13689 b (a) The Department of Public Health, in collaboration with the Department on Aging and the Department of Healthcare and Family Services, shall establish a nursing home conversion program.
Start-up grants, pursuant to subsections (l) and (m) of this Section, shall be made available to nursing homes as appropriations permit as an incentive to reduce certified beds, retrofit, and retool operations to meet new service delivery expectations and demands.
(b) Grant moneys shall be made available for capital and other costs related to:
(1) the conversion of all or a part of a nursing home to an assisted living establishment or a special program or unit for persons with Alzheimer's disease or related disorders licensed under the Assisted Living and Shared Housing Act or a supportive living facility established under Section 5-5.01a of the Illinois Public Aid Code;
(2) the conversion of multi-resident bedrooms in the facility into single-occupancy rooms;
and (3) the development of any of the services identified in a priority service plan that can be provided by a nursing home within the confines of a nursing home or transportation services.
Grantees shall be required to provide a minimum of a 20% match toward the total cost of the project.
(c) Nothing in this Act shall prohibit the co-location of services or the development of multifunctional centers under subsection (f) of Section 20, including a nursing home offering community-based services or a community provider establishing a residential facility.
SB0321 Engrossed - 18 - LRB096 03661 DRJ 13689 b (d) A certified nursing home with at least 50% of its resident population having their care paid for by the Medicaid program is eligible to apply for a grant under this Section.
(e) Any nursing home receiving a grant under this Section shall reduce the number of certified nursing home beds by a number equal to or greater than the number of beds being converted for one or more of the permitted uses under item (1) or (2) of subsection (b).
The nursing home shall retain the Certificate of Need for its nursing and sheltered care beds that were converted for 15 years.
If the beds are reinstated by the provider or its successor in interest, the provider shall pay to the fund from which the grant was awarded, on an amortized basis, the amount of the grant.
The Department shall establish, by rule, the bed reduction methodology for nursing homes that receive a grant pursuant to item (3) of subsection (b).
(f) Any nursing home receiving a grant under this Section shall agree that, for a minimum of 10 years after the date that the grant is awarded, a minimum of 50% of the nursing home's resident population shall have their care paid for by the Medicaid program.
If the nursing home provider or its successor in interest ceases to comply with the requirement set forth in this subsection, the provider shall pay to the fund from which the grant was awarded, on an amortized basis, the amount of the grant.
(g) Before awarding grants, the Department of Public Health SB0321 Engrossed - 19 - LRB096 03661 DRJ 13689 b shall seek recommendations from the Department on Aging and the Department of Healthcare and Family Services.
The Department of Public Health shall attempt to balance the distribution of grants among geographic regions, and among small and large nursing homes.
The Department of Public Health shall develop, by rule, the criteria for the award of grants based upon the following factors:
(1) the unique needs of older adults (including those with moderate and low incomes), caregivers, and providers in the geographic area of the State the grantee seeks to serve;
(2) whether the grantee proposes to provide services in a priority service area;
(3) the extent to which the conversion or transition will result in the reduction of certified nursing home beds in an area with excess beds;
(4) the compliance history of the nursing home;
and (5) any other relevant factors identified by the Department, including standards of need.
(h) A conversion funded in whole or in part by a grant under this Section must not:
(1) diminish or reduce the quality of services available to nursing home residents;
(2) force any nursing home resident to involuntarily accept home-based or community-based services instead of nursing home services;
SB0321 Engrossed - 20 - LRB096 03661 DRJ 13689 b (3) diminish or reduce the supply and distribution of nursing home services in any community below the level of need, as defined by the Department by rule;
or (4) cause undue hardship on any person who requires nursing home care.
(i) The Department shall prescribe, by rule, the grant application process.
At a minimum, every application must include:
(1) the type of grant sought;
(2) a description of the project;
(3) the objective of the project;
(4) the likelihood of the project meeting identified needs;
(5) the plan for financing, administration, and evaluation of the project;
(6) the timetable for implementation;
(7) the roles and capabilities of responsible individuals and organizations;
(8) documentation of collaboration with other service providers, local community government leaders, and other stakeholders, other providers, and any other stakeholders in the community;
(9) documentation of community support for the project, including support by other service providers, local community government leaders, and other stakeholders;
SB0321 Engrossed - 21 - LRB096 03661 DRJ 13689 b (10) the total budget for the project;
(11) the financial condition of the applicant;
and (12) any other application requirements that may be established by the Department by rule.
(j) A conversion project funded in whole or in part by a grant under this Section is exempt from the requirements of the Illinois Health Facilities Planning Act.
The Department of Public Health, however, shall send to the Health Facilities Planning Board a copy of each grant award made under this Section.
(k) Applications for grants are public information, except that nursing home financial condition and any proprietary data shall be classified as nonpublic data.
(l) The Department of Public Health may award grants from the Long Term Care Civil Money Penalties Fund established under Section 1919(h)(2)(A)(ii) of the Social Security Act and 42 CFR 488.422(g) if the award meets federal requirements.
(m) The Nursing Home Conversion Fund is created as a special fund in the State treasury.
Moneys appropriated by the General Assembly or transferred from other sources for the purposes of this Section shall be deposited into the Fund.
All interest earned on moneys in the fund shall be credited to the fund.
Moneys contained in the fund shall be used to support the purposes of this Section.
(Source:
P.A.
95-331, eff.
8-21-07.) Section 99.
This Act takes effect upon SB0321 Engrossed - 22 - LRB096 03661 DRJ 13689 b becoming law.
This Act takes effect upon becoming law.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 96-0883

  2. Effective Date March 1, 2010

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 3 Senate Concurs 040-005-001

  7. House Floor Amendment No. 2 Senate Concurs 040-005-001

  8. House Committee Amendment No. 1 Senate Concurs 040-005-001

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

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

  11. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments

  12. House Floor Amendment No. 3 Motion to Concur Referred to Assignments; from Executive

  13. House Floor Amendment No. 2 Motion to Concur Referred to Assignments; from Executive

  14. House Committee Amendment No. 1 Motion to Concur Referred to Assignments; from Executive

  15. House Floor Amendment No. 3 Motion to Concur Referred to Executive

  16. House Floor Amendment No. 2 Motion to Concur Referred to Executive

  17. House Committee Amendment No. 1 Motion to Concur Referred to Executive

  18. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2, 3 - January 13, 2010

  19. Secretary's Desk - Concurrence House Amendment(s) 1, 2, 3

  20. Approved for Consideration Assignments

  21. Pursuant to Senate Rule 3-9(b) / Referred to Assignments

  22. House Floor Amendment No. 3 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).

  23. House Floor Amendment No. 2 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).

  24. House Committee Amendment No. 1 Motion to Concur Referred to Assignments; Pursuant to Senate Rule 3-9(b).

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

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

  27. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments

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

  29. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Terry Link

  30. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  31. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Terry Link

  32. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  33. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Terry Link

  34. House Floor Amendment No. 3 Motion to Concur Lost 031-022-002

  35. House Floor Amendment No. 2 Motion to Concur Lost 031-022-002

  36. House Committee Amendment No. 1 Motion to Concur Lost 031-022-002

  37. 3/5 Vote Required

  38. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Executive; 008-000-004

  39. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Executive; 008-000-004

  40. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 008-000-004

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

  42. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Executive

  43. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Executive

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

  45. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Terry Link

  46. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  47. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Terry Link

  48. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  49. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Terry Link

  50. House Floor Amendment No. 3 Motion Tabled Sen. Terry Link

  51. House Floor Amendment No. 2 Motion Tabled Sen. Terry Link

  52. House Committee Amendment No. 1 Motion Tabled Sen. Terry Link

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

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

  55. House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments

  56. Added as Co-Sponsor Sen. Michael Bond

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

  58. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Terry Link

  59. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  60. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Terry Link

  61. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  62. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Terry Link

  63. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2, 3 - May 31, 2009

  64. Secretary's Desk - Concurrence House Amendment(s) 1, 2, 3

  65. Third Reading - Short Debate - Passed 094-019-005

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

  67. House Floor Amendment No. 3 Adopted 091-022-005

  68. Added Alternate Chief Co-Sponsor Rep. Eddie Washington

  69. Alternate Chief Sponsor Changed to Rep. JoAnn D. Osmond

  70. House Floor Amendment No. 3 State Mandates Fiscal Note Filed as Amended

  71. Alternate Co-Sponsor Removed Rep. JoAnn D. Osmond

  72. House Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. Robert Rita

  73. Added Alternate Co-Sponsor Rep. Kenneth Dunkin

  74. House Floor Amendment No. 3 Fiscal Note Filed as Amended

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

  76. House Floor Amendment No. 2 Adopted by Voice Vote

  77. Added Alternate Co-Sponsor Rep. Sandy Cole

  78. Added Alternate Co-Sponsor Rep. JoAnn D. Osmond

  79. Alternate Chief Sponsor Changed to Rep. Linda Chapa LaVia

  80. Alternate Chief Co-Sponsor Removed Rep. Linda Chapa LaVia

  81. House Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. Robert Rita

  82. Chief Sponsor Changed to Sen. Terry Link

  83. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000

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

  85. House Floor Amendment No. 3 Filed with Clerk by Rep. Linda Chapa LaVia

  86. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  87. House Floor Amendment No. 2 Referred to Rules Committee

  88. House Floor Amendment No. 2 Filed with Clerk by Rep. Linda Chapa LaVia

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

  90. Second Reading - Short Debate

  91. Placed on Calendar 2nd Reading - Short Debate

  92. Do Pass as Amended / Short Debate Executive Committee; 007-004-000

  93. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  94. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  95. Motion to Suspend Rule 25 - Prevailed by Voice Vote

  96. Motion Filed to Suspend Rule 25 Executive Committee; Rep. Barbara Flynn Currie

  97. Assigned to Executive Committee

  98. Final Action Deadline Extended-9(b) May 31, 2009

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

  100. Alternate Co-Sponsor Removed Rep. Dan Reitz

  101. Added Alternate Chief Co-Sponsor Rep. Dan Reitz

  102. Added Alternate Chief Co-Sponsor Rep. Robert Rita

  103. Alternate Co-Sponsor Removed Rep. Elizabeth Coulson

  104. Added Alternate Co-Sponsor Rep. Elizabeth Coulson

  105. Added Alternate Co-Sponsor Rep. Kathleen A. Ryg

  106. Re-assigned to Human Services Committee

  107. Added Alternate Co-Sponsor Rep. Patrick J. Verschoore

  108. Added Alternate Co-Sponsor Rep. Michael K. Smith

  109. Added Alternate Co-Sponsor Rep. Dan Reitz

  110. Added Alternate Co-Sponsor Rep. Brandon W. Phelps

  111. Added Alternate Co-Sponsor Rep. Daniel V. Beiser

  112. Added Alternate Chief Co-Sponsor Rep. Linda Chapa LaVia

  113. Assigned to Executive Committee

  114. Referred to Rules Committee

  115. First Reading

  116. Chief House Sponsor Rep. Thomas Holbrook

  117. Placed on Calendar Order of First Reading

  118. Arrived in House

  119. Third Reading - Passed; 058-000-000

  120. Placed on Calendar Order of 3rd Reading

  121. Senate Floor Amendment No. 1 Adopted; Kotowski

  122. Recalled to Second Reading

  123. Senate Floor Amendment No. 1 Recommend Do Adopt Public Health; 009-000-000

  124. Senate Floor Amendment No. 1 Assignments Refers to Public Health

  125. Senate Floor Amendment No. 1 Referred to Assignments

  126. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dan Kotowski

  127. Added as Co-Sponsor Sen. Pamela J. Althoff

  128. Added as Co-Sponsor Sen. John M. Sullivan

  129. Added as Co-Sponsor Sen. William Delgado

  130. Added as Co-Sponsor Sen. Ira I. Silverstein

  131. Placed on Calendar Order of 3rd Reading March 24, 2009

  132. Second Reading

  133. Added as Co-Sponsor Sen. Deanna Demuzio

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

  135. Added as Co-Sponsor Sen. Dan Rutherford

  136. Placed on Calendar Order of 2nd Reading February 26, 2009

  137. Do Pass Public Health; 008-000-000

  138. Assigned to Public Health

  139. Referred to Assignments

  140. First Reading

  141. Filed with Secretary by Sen. Dan Kotowski

Sponsors

  • Terry Link · Cosponsor
  • Daniel V. Beiser · Cosponsor
  • Brandon W. Phelps · Cosponsor
  • Michael K. Smith · Cosponsor
  • Patrick J. Verschoore · Cosponsor
  • Kathleen A. Ryg · Cosponsor
  • Sandy Cole · Cosponsor
  • Kenneth Dunkin · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 8 co-sponsors · 175 not signed on · 5 voted No

Sponsors (0)

None.

Co-sponsors (8)

  • Terry Link
  • Daniel V. Beiser
  • Brandon W. Phelps
  • Michael K. Smith
  • Patrick J. Verschoore
  • Kathleen A. Ryg
  • Sandy Cole
  • Kenneth Dunkin

Not signed on (175)

175 members have not signed on to this bill.

Show all 175 →

"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

Concurrence

Passed 40 Yea · 5 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 315013
Democrat 8001
Republican 1000
Total 405014
% of votes cast 68%8%0%24%
How each member voted (59)
Member Party Vote
Hendon — Not Voting
Hultgren — Nay
Maloney — Yea
Millner — Yea
Muñoz — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Yea
Demuzio — Yea
Silverstein — Yea
Steans — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Trotter — Yea
Wilhelmi — Yea
Cullerton — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Not Voting
Duffy — Nay
Forby — Yea
Frerichs — Yea
Haine — Yea
Hutchinson — Yea
Jacobs — Not Voting
Viverito — Not Voting
Clayborne — Not Voting
Kotowski — Yea
Pankau — Not Voting
Raoul — Yea
Righter — Not Voting
Risinger — Not Voting
Rutherford — Not Voting
Sandoval — Not Voting
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Althoff — Not Voting
Martinez — Yea
Bivins — Nay
Bomke — Yea
Bond — Yea
Burzynski — Nay
Meeks — Not Voting
McCarter — Not Voting
Dahl — Nay
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence, Amendment 3

Passed 40 Yea · 5 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 315013
Democrat 8001
Republican 1000
Total 405014
% of votes cast 68%8%0%24%
How each member voted (59)
Member Party Vote
Hendon — Not Voting
Noland — Yea
Cullerton — Yea
Luechtefeld — Yea
Maloney — Yea
McCarter — Not Voting
Meeks — Not Voting
Jacobs — Not Voting
Viverito — Not Voting
Wilhelmi — Yea
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Dillard — Not Voting
Duffy — Nay
Hultgren — Nay
Kotowski — Yea
Lauzen — Yea
Martinez — Yea
Millner — Yea
Muñoz — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Demuzio — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Hutchinson — Yea
Pankau — Not Voting
Radogno — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Not Voting
Rutherford — Not Voting
Sandoval — Not Voting
Link — Yea
Althoff — Not Voting
Bivins — Nay
Bomke — Yea
Bond — Yea
Burzynski — Nay
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence, Amendment 2

Passed 40 Yea · 5 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 315013
Democrat 8001
Republican 1000
Total 405014
% of votes cast 68%8%0%24%
How each member voted (59)
Member Party Vote
Muñoz — Yea
Hultgren — Nay
Kotowski — Yea
Link — Yea
Maloney — Yea
McCarter — Not Voting
Meeks — Not Voting
Millner — Yea
Noland — Yea
Demuzio — Yea
Jones, J. — Yea
Schoenberg — Yea
Brady — Yea
Sullivan — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Not Voting
Wilhelmi — Yea
Cullerton — Yea
Jacobs — Not Voting
Clayborne — Not Voting
Cronin — Yea
Crotty — Yea
Dahl — Nay
Dillard — Not Voting
Duffy — Nay
Frerichs — Yea
Haine — Yea
Hendon — Not Voting
Hutchinson — Yea
Pankau — Not Voting
Radogno — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Not Voting
Rutherford — Not Voting
Sandoval — Not Voting
Lauzen — Yea
Luechtefeld — Yea
Althoff — Not Voting
Martinez — Yea
Bivins — Nay
Bomke — Yea
Bond — Yea
Burzynski — Nay
DeLeo — Yea
Forby — Yea
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Not Voting
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence

Passed 31 Yea · 22 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 6201
Unaffiliated 242005
Republican 1000
Total 312206
% of votes cast 53%37%0%10%
How each member voted (59)
Member Party Vote
Meeks — Yea
Millner — Yea
Silverstein — Yea
Steans — Yea
Demuzio — Yea
Jacobs — Yea
Brady — Yea
Sullivan — Yea
Forby — Yea
Kotowski — Nay
Link — Yea
Luechtefeld — Nay
Cullerton — Yea
McCarter — Nay
Noland — Yea
Radogno — Yea
Schoenberg — Nay
Jones, J. — Nay
Trotter — Nay
Viverito — Nay
Munoz — Not Voting
Wilhelmi — Yea
Clayborne — Yea
Cronin — Nay
Crotty — Nay
Dahl — Nay
DeLeo — Yea
Dillard — Not Voting
Duffy — Nay
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Not Voting
Hutchinson — Not Voting
Pankau — Nay
Raoul — Yea
Righter — Nay
Risinger — Not Voting
Rutherford — Yea
Sandoval — Nay
Lauzen — Nay
Maloney — Nay
Althoff — Nay
Martinez — Yea
Bivins — Nay
Bomke — Nay
Bond — Yea
Burzynski — Nay
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Nay
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence, Amendment 2

Passed 31 Yea · 22 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 6201
Unaffiliated 242005
Republican 1000
Total 312206
% of votes cast 53%37%0%10%
How each member voted (59)
Member Party Vote
Duffy — Nay
Link — Yea
McCarter — Nay
Meeks — Yea
Millner — Yea
Noland — Yea
Schoenberg — Nay
Silverstein — Yea
Steans — Yea
Demuzio — Yea
Jacobs — Yea
Wilhelmi — Yea
Brady — Yea
Sullivan — Yea
Cullerton — Yea
Clayborne — Yea
DeLeo — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Jones, J. — Nay
Kotowski — Nay
Munoz — Not Voting
Luechtefeld — Nay
Trotter — Nay
Viverito — Nay
Cronin — Nay
Crotty — Nay
Dahl — Nay
Dillard — Not Voting
Hultgren — Not Voting
Hutchinson — Not Voting
Pankau — Nay
Radogno — Yea
Raoul — Yea
Righter — Nay
Risinger — Not Voting
Rutherford — Yea
Sandoval — Nay
Lauzen — Nay
Maloney — Nay
Althoff — Nay
Martinez — Yea
Bivins — Nay
Bomke — Nay
Bond — Yea
Burzynski — Nay
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Nay
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Concurrence, Amendment 3

Passed 31 Yea · 22 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 242005
Democrat 6201
Republican 1000
Total 312206
% of votes cast 53%37%0%10%
How each member voted (59)
Member Party Vote
Hendon — Yea
Kotowski — Nay
Lauzen — Nay
Link — Yea
Luechtefeld — Nay
McCarter — Nay
Demuzio — Yea
Jacobs — Yea
Meeks — Yea
Millner — Yea
Brady — Yea
Sullivan — Yea
Noland — Yea
Radogno — Yea
Schoenberg — Nay
Silverstein — Yea
Cullerton — Yea
Steans — Yea
Trotter — Nay
Viverito — Nay
Wilhelmi — Yea
Jones, J. — Nay
Munoz — Not Voting
Clayborne — Yea
Cronin — Nay
Crotty — Nay
Dahl — Nay
DeLeo — Yea
Duffy — Nay
Forby — Yea
Frerichs — Yea
Haine — Yea
Hultgren — Not Voting
Hutchinson — Not Voting
Pankau — Nay
Raoul — Yea
Righter — Nay
Risinger — Not Voting
Rutherford — Yea
Sandoval — Nay
Maloney — Nay
Althoff — Nay
Martinez — Yea
Bivins — Nay
Bomke — Nay
Bond — Yea
Burzynski — Nay
Dillard — Not Voting
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Nay
Eva-Dina Delgado Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Nay
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Third Reading

Passed 94 Yea · 19 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 821605
Democrat 10100
Republican 2200
Total 941905
% of votes cast 80%16%0%4%
How each member voted (118)
Member Party Vote
Graham — Yea
Myers — Yea
Jakobsson — Yea
Lang — Yea
Leitch — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Jefferson — Yea
Kosel — Yea
Madigan — Yea
May — Nay
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Moffitt — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Mulligan — Yea
Nekritz — Yea
Burke — Yea
Mitchell, Bill — Yea
Poe — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Sommer — Yea
Gordon, Jehan — Yea
Soto — Yea
Thapedi — Yea
Turner — Yea
Hannig — Yea
Harris — Yea
Verschoore — Yea
Watson — Yea
Hernandez — Yea
Wait — Yea
Washington — Yea
Howard — Yea
Winters — Yea
Yarbrough — Yea
Davis, Monique — Nay
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Cultra — Yea
D'Amico — Yea
Flider — Yea
Flowers — Yea
Fortner — Nay
Froehlich — Yea
Golar — Yea
Hamos — Yea
Hatcher — Yea
Holbrook — Yea
Jackson — Yea
Sullivan — Nay
Pihos — Nay
Senger — Not Voting
Tryon — Nay
Zalewski — Nay
Colvin — Nay
Connelly — Nay
Coulson — Nay
Cross — Not Voting
Currie — Not Voting
Fritchey — Nay
Osmond — Yea
Osterman — Nay
Phelps — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Acevedo — Not Voting
Arroyo — Yea
Bassi — Yea
Beaubien — Nay
Beiser — Yea
Bellock — Nay
Mathias — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Nay
Burns — Yea
Mendoza — Yea
McAsey — Yea
Franks — Nay
Chapa LaVia — Not Voting
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Nay
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Nay
Chris Miller Republican Nay
Jil Tracy Republican Yea

Official roll call →

Passed 91 Yea · 22 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 782104
Democrat 10100
Republican 3001
Total 912205
% of votes cast 77%19%0%4%
How each member voted (118)
Member Party Vote
Holbrook — Yea
Jefferson — Nay
May — Nay
Leitch — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Madigan — Yea
McAuliffe — Yea
McCarthy — Yea
Mell — Yea
Mendoza — Yea
Nekritz — Yea
Phelps — Yea
Sommer — Yea
Bradley — Yea
McGuire — Yea
Brady — Yea
Thapedi — Yea
Burke — Yea
Mitchell, Bill — Yea
Turner — Yea
Verschoore — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Wait — Yea
Gordon, Jehan — Yea
Washington — Yea
Winters — Yea
Yarbrough — Yea
Hannig — Yea
Harris — Yea
Watson — Yea
Hernandez — Yea
Howard — Yea
Davis, Monique — Nay
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cultra — Yea
D'Amico — Yea
Farnham — Yea
Flider — Yea
Flowers — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hamos — Yea
Hatcher — Yea
Jackson — Yea
Jakobsson — Yea
Kosel — Nay
Sullivan — Nay
Mulligan — Nay
Myers — Nay
Osterman — Nay
Pihos — Nay
Senger — Not Voting
Tryon — Nay
Zalewski — Nay
Connelly — Nay
Coulson — Nay
Cross — Not Voting
Currie — Nay
Fortner — Nay
Franks — Nay
Fritchey — Nay
Osmond — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Nay
Lang — Yea
Acevedo — Not Voting
Arroyo — Yea
Bassi — Yea
Beaubien — Nay
Beiser — Yea
Bellock — Nay
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Nay
Burns — Yea
McAsey — Yea
Moffitt — Yea
Chapa LaVia — Not Voting
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Nay
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Not Voting
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 48001
Democrat 9000
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Hendon — Yea
Kotowski — Yea
Lauzen — Yea
Demuzio — Yea
Luechtefeld — Yea
Jacobs — Yea
Maloney — Yea
McCarter — Yea
Meeks — Yea
Noland — Yea
Munoz — Yea
Jones, J. — Yea
Brady — Yea
Sullivan — Yea
Radogno — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Burzynski — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hultgren — Yea
Hutchinson — Yea
Pankau — Yea
Raoul — Yea
Righter — Not Voting
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Millner — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 321 do?
Amends the Nursing Home Care Act. Provides that if the Director of Public Health determines that it would be in the best interests of the residents of a nursing home to do so, the Director may require that the nursing home use the amount of any penalty assessed under the Act for the purpose of implementing a directed plan of correction rather than pay the amount of the penalty to the Department of Public Health for deposit into the Long Term Care Monitor/Receiver Fund. Provides that if the Director of Public Health requires a facility to use the amount of a penalty for the purpose of implementing a directed plan of correction, it is the Department of Public Health's responsibility to ensure that the facility in fact uses the amount of the penalty for that purpose. Effective immediately.
Who sponsors SB 321?
SB 321 is sponsored by Terry Link, Daniel V. Beiser, Brandon W. Phelps, Michael K. Smith, Patrick J. Verschoore, Kathleen A. Ryg, Sandy Cole, and Kenneth Dunkin.
What is the current status of SB 321?
This bill has been enacted into law. Introduced February 06, 2009. Enacted.
Where can I track SB 321?
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