Bill Text: IL SB3217 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Hospital Licensing Act. Increases the fine for a hospital that fails to implement a written staffing plan for nursing services from a fine of up to $500 per occurrence to a fine of up to $5,000 per occurrence. Increases the fine for a hospital that demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days from a fine of up to $500 per occurrence to a fine of up to $10,000 per occurrence. Specifies that the Department of Public Health may revoke or suspend a license under the Act for the second or subsequent time that a hospital demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days (now, the hospital is issued a fine of up to $1,000 per occurrence for such a violation).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-06 - Referred to Assignments [SB3217 Detail]

Download: Illinois-2023-SB3217-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3217

Introduced 2/6/2024, by Sen. Rachel Ventura

SYNOPSIS AS INTRODUCED:
210 ILCS 85/7 from Ch. 111 1/2, par. 148

Amends the Hospital Licensing Act. Increases the fine for a hospital that fails to implement a written staffing plan for nursing services from a fine of up to $500 per occurrence to a fine of up to $5,000 per occurrence. Increases the fine for a hospital that demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days from a fine of up to $500 per occurrence to a fine of up to $10,000 per occurrence. Specifies that the Department of Public Health may revoke or suspend a license under the Act for the second or subsequent time that a hospital demonstrates a pattern or practice of failing to substantially comply with a plan of correction within 60 days (now, the hospital is issued a fine of up to $1,000 per occurrence for such a violation).
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A BILL FOR

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1 AN ACT concerning regulation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Hospital Licensing Act is amended by
5changing Section 7 as follows:
6 (210 ILCS 85/7) (from Ch. 111 1/2, par. 148)
7 Sec. 7. (a) The Director after notice and opportunity for
8hearing to the applicant or licensee may deny, suspend, or
9revoke a permit to establish a hospital or deny, suspend, or
10revoke a license to open, conduct, operate, and maintain a
11hospital in any case in which he finds that there has been a
12substantial failure to comply with the provisions of this Act,
13the Hospital Report Card Act, or the Illinois Adverse Health
14Care Events Reporting Law of 2005 or the standards, rules, and
15regulations established by virtue of any of those Acts. The
16Department may impose fines on hospitals, not to exceed $500
17per occurrence, for failing to (1) initiate a criminal
18background check on a patient that meets the criteria for
19hospital-initiated background checks or (2) report the death
20of a person known to be a resident of a facility licensed under
21the ID/DD Community Care Act or the MC/DD Act to the coroner or
22medical examiner within 24 hours as required by Section 6.09a
23of this Act. In assessing whether to impose such a fine for

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1failure to initiate a criminal background check, the
2Department shall consider various factors including, but not
3limited to, whether the hospital has engaged in a pattern or
4practice of failing to initiate criminal background checks.
5Money from fines shall be deposited into the Long Term Care
6Provider Fund.
7 (a-5) If a hospital demonstrates a pattern or practice of
8failing to substantially comply with the requirements of
9Section 10.10 or the hospital's written staffing plan, the
10hospital shall provide a plan of correction to the Department
11within 60 days. The Department may impose fines as follows:
12(i) if a hospital fails to implement a written staffing plan
13for nursing services, a fine not to exceed $5,000 $500 per
14occurrence may be imposed; (ii) if a hospital demonstrates a
15pattern or practice of failing to substantially comply with a
16plan of correction within 60 days after the plan takes effect,
17a fine not to exceed $10,000 $500 per occurrence may be
18imposed; and (iii) if a hospital demonstrates for a second or
19subsequent time a pattern or practice of failing to
20substantially comply with a plan of correction within 60 days
21after the plan takes effect, the Department may revoke or
22suspend a license issued to a hospital under this Act a fine
23not to exceed $1,000 per occurrence may be imposed. Reports of
24violations of Section 10.10 shall be subject to public
25disclosure under Section 6.14a. Money from fines within this
26subsection (a-5) shall be deposited into the Hospital

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1Licensure Fund, and money from fines for violations of Section
210.10 shall be used for scholarships under the Nursing
3Education Scholarship Law.
4 (b) Such notice shall be effected by registered mail or by
5personal service setting forth the particular reasons for the
6proposed action and fixing a date, not less than 15 days from
7the date of such mailing or service, at which time the
8applicant or licensee shall be given an opportunity for a
9hearing. Such hearing shall be conducted by the Director or by
10an employee of the Department designated in writing by the
11Director as Hearing Officer to conduct the hearing. On the
12basis of any such hearing, or upon default of the applicant or
13licensee, the Director shall make a determination specifying
14his findings and conclusions. In case of a denial to an
15applicant of a permit to establish a hospital, such
16determination shall specify the subsection of Section 6 under
17which the permit was denied and shall contain findings of fact
18forming the basis of such denial. A copy of such determination
19shall be sent by registered mail or served personally upon the
20applicant or licensee. The decision denying, suspending, or
21revoking a permit or a license shall become final 35 days after
22it is so mailed or served, unless the applicant or licensee,
23within such 35 day period, petitions for review pursuant to
24Section 13.
25 (c) The procedure governing hearings authorized by this
26Section shall be in accordance with rules promulgated by the

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1Department and approved by the Hospital Licensing Board. A
2full and complete record shall be kept of all proceedings,
3including the notice of hearing, complaint, and all other
4documents in the nature of pleadings, written motions filed in
5the proceedings, and the report and orders of the Director and
6Hearing Officer. All testimony shall be reported but need not
7be transcribed unless the decision is appealed pursuant to
8Section 13. A copy or copies of the transcript may be obtained
9by any interested party on payment of the cost of preparing
10such copy or copies.
11 (d) The Director or Hearing Officer shall upon his own
12motion, or on the written request of any party to the
13proceeding, issue subpoenas requiring the attendance and the
14giving of testimony by witnesses, and subpoenas duces tecum
15requiring the production of books, papers, records, or
16memoranda. All subpoenas and subpoenas duces tecum issued
17under the terms of this Act may be served by any person of full
18age. The fees of witnesses for attendance and travel shall be
19the same as the fees of witnesses before the Circuit Court of
20this State, such fees to be paid when the witness is excused
21from further attendance. When the witness is subpoenaed at the
22instance of the Director, or Hearing Officer, such fees shall
23be paid in the same manner as other expenses of the Department,
24and when the witness is subpoenaed at the instance of any other
25party to any such proceeding the Department may require that
26the cost of service of the subpoena or subpoena duces tecum and

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