NURSING HOME CARE ACT-VARIOUS Senate SponsorsSen. Heather A. Steans, Napoleon Harris, III-Mattie Hunter, Robert Peters, Laura M. Murphy, Laura Fine, Ram Villivalam, Emil Jones, III, Cristina Castro, Omar Aquino, Christopher Belt, Patricia Van Pelt, Bill Cunningham-Iris Y. Martinez-Kimberly A. Lightford-Melinda Bush, Pat McGuire, Ann Gillespie, Michael E. Hastings, Elgie R. Sims, Jr., Toi W. Hutchinson, Linda Holmes, Antonio Muñoz, Jennifer Bertino-Tarrant and Martin A. Sandoval House Sponsors(Rep. Gregory Harris-La Shawn K. Ford-Kathleen Willis-Emanuel Chris Welch, Sonya M. Harper, Theresa Mah, Will Guzzardi, Luis Arroyo, Anne Stava-Murray, Celina Villanueva, Jonathan Carroll, Jaime M. Andrade, Jr., Kelly M. Cassidy, Daniel Didech, Kambium Buckner, Marcus C. Evans, Jr., Justin Slaughter, Sam Yingling, Aaron M. Ortiz, Joyce Mason, Arthur Turner, Jay Hoffman, Thaddeus Jones, Michael Halpin, Carol Ammons, André Thapedi, Maurice A. West, II, Debbie Meyers-Martin, Terra Costa Howard, Sue Scherer, Nicholas K. Smith, Mary E. Flowers, Diane Pappas, Curtis J. Tarver, II, Robert Rita, Rita Mayfield, Barbara Hernandez, Delia C. Ramirez, Karina Villa, Mark L. Walker, Elizabeth Hernandez, John Connor, Deb Conroy, LaToya Greenwood, Jehan Gordon-Booth, Robert Martwick, Frances Ann Hurley, Lamont J. Robinson, Jr., Katie Stuart, Natalie A. Manley, Mary Edly-Allen, Sara Feigenholtz, Robyn Gabel, Jonathan "Yoni" Pizer, Deanne M. Mazzochi, Andrew S. Chesney, Thomas Morrison, Amy Grant, Jeff Keicher, Mark Batinick, Jackie Haas and Dan Ugaste) 3/12/2021SenatePublic Act . . . . . . . . . 101-0655 210 ILCS 45/1-101from Ch. 111 1/2, par. 4151-101Amends 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 45/1-101Adds reference to:210 ILCS 45/2-106.1210 ILCS 45/2-204from Ch. 111 1/2, par. 4152-204210 ILCS 45/3-202.05210 ILCS 45/3-209from Ch. 111 1/2, par. 4153-209210 ILCS 45/3-305from Ch. 111 1/2, par. 4153-305210 ILCS 45/3-305.8 newReplaces 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 45/3-305from Ch. 111 1/2, par. 4153-305Replaces 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 45/2-106.1210 ILCS 45/2-204from Ch. 111 1/2, par. 4152-204210 ILCS 45/3-202.05210 ILCS 45/3-209from Ch. 111 1/2, par. 4153-209210 ILCS 45/3-305from Ch. 111 1/2, par. 4153-305210 ILCS 45/3-305.8 newAdds 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 45/1-101Adds reference to:New Act305 ILCS 5/5A-2.1 new305 ILCS 5/5A-2from Ch. 23, par. 5A-2305 ILCS 5/5-5.07305 ILCS 5/14-12305 ILCS 5/12-4.53210 ILCS 45/3-206from Ch. 111 1/2, par. 4153-206225 ILCS 65/55-35225 ILCS 65/60-40225 ILCS 70/11from Ch. 111, par. 3661Replaces 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. 2/15/2019SenateFiled with Secretary by Sen. Jacqueline Y. Collins 2/15/2019SenateFirst Reading 2/15/2019SenateReferred to Assignments 2/27/2019SenateAssigned to Human Services 3/4/2019SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins 3/4/2019SenateSenate Committee Amendment No. 1 Referred to Assignments 3/5/2019SenateSenate Committee Amendment No. 1 Assignments Refers to Human Services 3/5/2019SenateAdded as Co-Sponsor Sen. Napoleon Harris, III 3/6/2019SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter 3/7/2019SenateAdded as Chief Co-Sponsor Sen. Julie A. Morrison 3/7/2019SenateAdded as Co-Sponsor Sen. Robert Peters 3/7/2019SenateAdded as Co-Sponsor Sen. Laura M. Murphy 3/8/2019SenateAdded as Co-Sponsor Sen. Laura Fine 3/12/2019SenateSponsor Removed Sen. Julie A. Morrison 3/12/2019SenateAdded as Co-Sponsor Sen. Ram Villivalam 3/12/2019SenateAdded as Co-Sponsor Sen. Emil Jones, III 3/12/2019SenateSenate Committee Amendment No. 1 Adopted 3/12/2019SenateDo Pass as Amended Human Services; 007-003-000 3/12/2019SenatePlaced on Calendar Order of 2nd Reading March 13, 2019 3/14/2019SenateAdded as Co-Sponsor Sen. Cristina Castro 3/15/2019SenateAdded as Co-Sponsor Sen. Omar Aquino 3/20/2019SenateAdded as Co-Sponsor Sen. Christopher Belt 3/20/2019SenateAdded as Co-Sponsor Sen. Patricia Van Pelt 3/21/2019SenateAdded as Co-Sponsor Sen. Bill Cunningham 3/21/2019SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez 3/21/2019SenateAdded as Chief Co-Sponsor Sen. Kimberly A. Lightford 3/21/2019SenateAdded as Chief Co-Sponsor Sen. Melinda Bush 3/21/2019SenateAdded as Co-Sponsor Sen. Pat McGuire 3/22/2019SenateAdded as Co-Sponsor Sen. Ann Gillespie 3/28/2019SenateAdded as Co-Sponsor Sen. Michael E. Hastings 3/28/2019SenateAdded as Co-Sponsor Sen. Elgie R. Sims, Jr. 3/28/2019SenateAdded as Co-Sponsor Sen. Toi W. Hutchinson 3/28/2019SenateAdded as Co-Sponsor Sen. Linda Holmes 3/28/2019SenateAdded as Co-Sponsor Sen. Antonio Muñoz 4/5/2019SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins 4/5/2019SenateSenate Floor Amendment No. 2 Referred to Assignments 4/9/2019SenateSecond Reading 4/9/2019SenatePlaced on Calendar Order of 3rd Reading April 10, 2019 4/9/2019SenateSenate Floor Amendment No. 2 Assignments Refers to Human Services 4/9/2019SenateSenate Floor Amendment No. 2 Recommend Do Adopt Human Services; 006-004-000 4/10/2019SenateRecalled to Second Reading 4/10/2019SenateSenate Floor Amendment No. 2 Adopted; Collins 4/10/2019SenatePlaced on Calendar Order of 3rd Reading 4/10/2019SenateThird Reading - Passed; 039-019-000 4/11/2019HouseArrived in House 4/11/2019HouseChief House Sponsor Rep. Anna Moeller 4/11/2019HouseAdded Alternate Chief Co-Sponsor Rep. La Shawn K. Ford 4/11/2019HouseAdded Alternate Co-Sponsor Rep. Sonya M. Harper 4/11/2019HouseFirst Reading 4/11/2019HouseReferred to Rules Committee 4/12/2019HouseAdded Alternate Co-Sponsor Rep. Theresa Mah 4/24/2019SenateAdded as Co-Sponsor Sen. Jennifer Bertino-Tarrant 4/30/2019HouseAssigned to Human Services Committee 5/1/2019HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi 5/1/2019HouseAdded Alternate Co-Sponsor Rep. Luis Arroyo 5/1/2019SenateAdded as Co-Sponsor Sen. Martin A. Sandoval 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Anne Stava-Murray 5/2/2019HouseAdded Alternate Chief Co-Sponsor Rep. Kathleen Willis 5/2/2019HouseAdded Alternate Chief Co-Sponsor Rep. Emanuel Chris Welch 5/2/2019HouseAlternate Chief Co-Sponsor Changed to Rep. Kathleen Willis 5/2/2019HouseAlternate Chief Co-Sponsor Changed to Rep. Emanuel Chris Welch 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Celina Villanueva 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Jonathan Carroll 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr. 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Daniel Didech 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Kambium Buckner 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Marcus C. Evans, Jr. 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Justin Slaughter 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Sam Yingling 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Aaron M. Ortiz 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Joyce Mason 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Arthur Turner 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Jay Hoffman 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Thaddeus Jones 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Michael Halpin 5/2/2019HouseAdded Alternate Co-Sponsor Rep. Carol Ammons 5/2/2019HouseAdded Alternate Co-Sponsor Rep. André Thapedi 5/6/2019HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Anna Moeller 5/6/2019HouseHouse Committee Amendment No. 1 Referred to Rules Committee 5/7/2019HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee 5/8/2019HouseAdded Alternate Co-Sponsor Rep. Maurice A. West, II 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Debbie Meyers-Martin 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Terra Costa Howard 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Sue Scherer 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Nicholas K. Smith 5/9/2019HouseAdded Alternate Co-Sponsor Rep. Mary E. Flowers 5/10/2019HouseRule 19(a) / Re-referred to Rules Committee 5/10/2019HouseHouse Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee 5/16/2019HouseAdded Alternate Co-Sponsor Rep. Diane Pappas 5/16/2019HouseAdded Alternate Co-Sponsor Rep. Curtis J. Tarver, II 5/16/2019HouseAdded Alternate Co-Sponsor Rep. Robert Rita 5/16/2019HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield 5/16/2019HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez 5/16/2019HouseAdded Alternate Co-Sponsor Rep. Delia C. Ramirez 5/16/2019HouseAdded Alternate Co-Sponsor Rep. Karina Villa 5/16/2019HouseAdded Alternate Co-Sponsor Rep. Mark L. Walker 5/17/2019HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez 5/22/2019HouseAdded Alternate Co-Sponsor Rep. John Connor 5/22/2019HouseAdded Alternate Co-Sponsor Rep. Deb Conroy 5/22/2019HouseAdded Alternate Co-Sponsor Rep. LaToya Greenwood 5/22/2019HouseAdded Alternate Co-Sponsor Rep. Jehan Gordon-Booth 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Robert Martwick 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Frances Ann Hurley 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Lamont J. Robinson, Jr. 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Katie Stuart 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Natalie A. Manley 5/23/2019HouseAdded Alternate Co-Sponsor Rep. Mary Edly-Allen 5/27/2019HouseAdded Alternate Co-Sponsor Rep. Sara Feigenholtz 5/30/2019HouseAdded Alternate Co-Sponsor Rep. Robyn Gabel 5/23/2020HouseAdded Alternate Co-Sponsor Rep. Jonathan "Yoni" Pizer 1/2/2021HouseAssigned to Executive Committee 1/7/2021HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Gregory Harris 1/7/2021HouseHouse Committee Amendment No. 2 Referred to Rules Committee 1/8/2021HouseHouse Committee Amendment No. 2 Rules Refers to Executive Committee 1/8/2021HouseHouse Committee Amendment No. 2 Adopted in Executive Committee; by Voice Vote 1/8/2021HouseDo Pass as Amended / Short Debate Executive Committee; 008-005-000 1/8/2021HousePlaced on Calendar 2nd Reading - Short Debate 1/8/2021HouseSecond Reading - Short Debate 1/8/2021HouseHeld on Calendar Order of Second Reading - Short Debate 1/12/2021HouseAlternate Chief Sponsor Changed to Rep. Gregory Harris 1/12/2021HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Gregory Harris 1/12/2021HouseHouse Floor Amendment No. 3 Referred to Rules Committee 1/12/2021HouseHouse Floor Amendment No. 3 Rules Refers to Executive Committee 1/13/2021HouseHouse Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 013-000-000 1/13/2021HouseAdded Alternate Co-Sponsor Rep. Deanne M. Mazzochi 1/13/2021HouseAdded Alternate Co-Sponsor Rep. Andrew S. Chesney 1/13/2021HouseAdded Alternate Co-Sponsor Rep. Thomas Morrison 1/13/2021HouseAdded Alternate Co-Sponsor Rep. Amy Grant 1/13/2021HouseAdded Alternate Co-Sponsor Rep. Jeff Keicher 1/13/2021HouseAdded Alternate Co-Sponsor Rep. Mark Batinick 1/13/2021HouseAdded Alternate Co-Sponsor Rep. Jackie Haas 1/13/2021HouseAdded Alternate Co-Sponsor Rep. Dan Ugaste 1/13/2021HouseHouse Floor Amendment No. 3 Adopted 1/13/2021HousePlaced on Calendar Order of 3rd Reading - Short Debate 1/13/2021HouseThird Reading - Short Debate - Passed 112-000-001 1/13/2021SenateSecretary's Desk - Concurrence House Amendment(s) 2, 3 1/13/2021SenatePlaced on Calendar Order of Concurrence House Amendment(s) 2, 3 - January 13, 2021 1/13/2021SenateChief Sponsor Changed to Sen. Heather A. Steans 1/13/2021SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Heather A. Steans 1/13/2021SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Assignments 1/13/2021SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Heather A. Steans 1/13/2021SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Assignments 1/13/2021SenateHouse Committee Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments 1/13/2021SenateHouse Floor Amendment No. 3 Motion to Concur Be Approved for Consideration Assignments 1/13/2021SenateHouse Committee Amendment No. 2 Senate Concurs 057-000-000 1/13/2021SenateHouse Floor Amendment No. 3 Senate Concurs 057-000-000 1/13/2021SenateSenate Concurs 1/13/2021SenatePassed Both Houses 2/5/2021SenateSent to the Governor 3/12/2021SenateGovernor Approved 3/12/2021SenateEffective Date March 12, 2021 3/12/2021SenatePublic Act . . . . . . . . . 101-0655