SB 3115

Abstract

Amends the Nursing Home Care Act. Provides that owners of a facility must submit a transition plan upon a change of ownership. Requires the transition plan to include a detailed explanation of how resident care and appropriate staffing levels shall be maintained until the license has been obtained and the transfer of facility operations occurs. Provides that the Department of Public Health shall not approve any change of ownership without a sufficient transition plan. Provides penalties for failure to provide a transition plan and ensure residents are provided adequate care during the change of ownership process. Provides that the transferor's liability includes failure to have a sufficient transition plan during the change of ownership process. Effective immediately. Senate Floor Amendment No. 3 Adds reference to: 210 ILCS 45/3-113 from Ch. 111 1/2, par. 4153-113 Replaces everything after the enacting clause. Amends the Nursing Home Care Act. Provides that the transferee shall submit to the Department of Public Health a transition plan, signed by both the transferee and the transferor, that includes, at a minimum, a detailed explanation of how resident care and appropriate staffing levels shall be maintained until the license has been obtained and the transfer of the facility operations occurs. Provides that the transition plan shall be submitted at the same time as notice to the Department of the transfer. Provides that the Department shall accept or reject the transition plan within 10 days after submission. Provides that, if the transition plan is rejected, the Department shall work with the facility, the transferee, and the transferor to bring the transition plan into compliance. Provides that, if the Department finds that an entity failed to follow an accepted transition plan and ensure residents are provided adequate care during the change of ownership process, and finds actual harm to a resident, the Department shall establish a high-risk designation pursuant to specified provisions. Provides that the Department shall issue a violation to the entity that failed to carry out their responsibility under the transition plan that caused the violation. Provides that the change of ownership process shall begin upon submission of the transition plan to 30 days after the transfer of the facility. Makes conforming changes.