99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3213

Introduced , by Rep. Randy Frese

SYNOPSIS AS INTRODUCED:

See Index

Amends the Department of Veterans Affairs Act. Deletes language providing that the head of the Division of Women Veterans Affairs shall serve as an Assistant Director of Veterans' Affairs. Makes changes in the provision concerning the Department's powers and duties. Provides that a veteran or spouse, once admitted to an Illinois Veterans Home facility, is considered a resident for interfacility purposes. Provides that the Director of Veterans' Affairs may authorize a Veterans Home to conduct limited fundraising in accordance with applicable laws and regulations for which the sole purpose is to benefit the Veteran Home's member's benefits fund. Reduces the number of reports that the Department is to give to the General Assembly each year concerning veterans' homes from 2 to one each year. Permits the Department to operate cemeteries at the Manteno Veterans Home and the Quincy Veterans Home for interment of veterans or their spouses as identified by the Department. Amends the Nursing Home Care Act. Provides that before commencing construction of a new facility or specified types of alteration or additions to an existing long-term care facility involving major construction, as defined by rule by the Department of Public Health, with an estimated cost greater than $100,000, architectural drawings and specifications for the facility shall be submitted to the Department for review. Sets forth provisions concerning applications and departmental review, inspections, and emergency repairs. Provides that for facilities operated by the Department of Veterans' Affairs, certain deadlines for correction of violations are subject to adherence to applicable State procurement laws and the availability of appropriations for the specific purpose. Makes other changes. Effective immediately.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning State government.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Department of Veterans Affairs Act is

5 amended by changing Sections 1.2, 2, 2.01, 2.04, 2.07, and 3

6 and adding Section 2.12 as follows:

7 (20 ILCS 2805/1.2)

8 Sec. 1.2. Division of Women Veterans Affairs. Subject to

9 appropriations for this purpose, the Division of Women Veterans

10 Affairs is created as a Division within the Department. ~~The~~

11 ~~head of the Division shall serve as an Assistant Director of~~

12 ~~Veterans' Affairs.~~ The Division shall serve as an advocate for

13 women veterans, in recognition of the unique issues facing

14 women veterans. The Division shall assess the needs of women

15 veterans with respect to issues including, but not limited to,

16 compensation, rehabilitation, outreach, health care, and

17 issues facing women veterans in the community. The Division

18 shall review the Department's programs, activities, research

19 projects, and other initiatives designed to meet the needs of

20 women veterans and shall make recommendations to the Director

21 of Veterans' Affairs concerning ways to improve, modify, and

22 effect change in programs and services for women veterans.

23 (Source: P.A. 96-94, eff. 7-27-09; 97-297, eff. 1-1-12.)

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1 (20 ILCS 2805/2) (from Ch. 126 1/2, par. 67)

2 Sec. 2. Powers and duties. The Department shall have the

3 following powers and duties:

4 To perform such acts at the request of any veteran, or his

5 or her spouse, surviving spouse or dependents as shall be

6 reasonably necessary or reasonably incident to obtaining or

7 endeavoring to obtain for the requester any advantage, benefit

8 or emolument accruing or due to such person under any law of

9 the United States, the State of Illinois or any other state or

10 governmental agency by reason of the service of such veteran,

11 and in pursuance thereof shall:

12 (1) Contact veterans, their survivors and dependents

13 and advise them of the benefits of state and federal laws

14 and assist them in obtaining such benefits;

15 (2) Establish field offices and direct the activities

16 of the personnel assigned to such offices;

17 (3) Create and maintain a volunteer field force. The

18 volunteer field force may include representatives from the

19 following without limitation: ~~of accredited~~

20 ~~representatives, representing~~ educational institutions,

21 labor organizations, veterans organizations, employers,

22 churches, and farm organizations;

23 (4) Conduct informational and training services;

24 (5) Conduct educational programs through newspapers,

25 periodicals, social media, television,and radio for the

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1 specific purpose of disseminating information affecting

2 veterans and their dependents;

3 (6) Coordinate the services and activities of all state

4 departments having services and resources affecting

5 veterans and their dependents;

6 (7) Encourage and assist in the coordination of

7 agencies within counties giving service to veterans and

8 their dependents;

9 (8) Cooperate with veterans organizations and other

10 governmental agencies;

11 (9) Make, alter, amend and promulgate reasonable rules

12 and procedures for the administration of this Act;

13 (10) Make and publish annual reports to the Governor

14 regarding the administration and general operation of the

15 Department;

16 (11) (Blank); and

17 (12) (Blank).

18 The Department may accept and hold on behalf of the State,

19 if for the public interest, a grant, gift, devise or bequest of

20 money or property to the Department made for the general

21 benefit of Illinois veterans, including the conduct of

22 informational and training services by the Department and other

23 authorized purposes of the Department. The Department shall

24 cause each grant, gift, devise or bequest to be kept as a

25 distinct fund and shall invest such funds in the manner

26 provided by the Public Funds Investment Act, as now or

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1 hereafter amended, and shall make such reports as may be

2 required by the Comptroller concerning what funds are so held

3 and the manner in which such funds are invested. The Department

4 may make grants from these funds for the general benefit of

5 Illinois veterans. Grants from these funds, except for the

6 funds established under Sections 2.01a and 2.03, shall be

7 subject to appropriation.

8 The Department has the power to make grants, from funds

9 appropriated from the Korean War Veterans National Museum and

10 Library Fund, to private organizations for the benefit of the

11 Korean War Veterans National Museum and Library.

12 The Department has the power to make grants, from funds

13 appropriated from the Illinois Military Family Relief Fund, for

14 benefits authorized under the Survivors Compensation Act.

15 (Source: P.A. 97-297, eff. 1-1-12; 97-765, eff. 7-6-12.)

16 (20 ILCS 2805/2.01) (from Ch. 126 1/2, par. 67.01)

17 Sec. 2.01. Veterans Home admissions.

18 (a) Any honorably discharged veteran is entitled to

19 admission to an Illinois Veterans Home if the applicant meets

20 the requirements of this Section.

21 (b) The veteran must:

22 (1) have served in the armed forces of the United

23 States at least 1 day in World War II, the Korean Conflict,

24 the Viet Nam Campaign, or the Persian Gulf Conflict between

25 the dates recognized by the U.S. Department of Veterans

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1 Affairs or between any other present or future dates

2 recognized by the U.S. Department of Veterans Affairs as a

3 war period, or have served in a hostile fire environment

4 and has been awarded a campaign or expeditionary medal

5 signifying his or her service, for purposes of eligibility

6 for domiciliary or nursing home care;

7 (2) have served and been honorably discharged or

8 retired from the armed forces of the United States for a

9 service connected disability or injury, for purposes of

10 eligibility for domiciliary or nursing home care;

11 (3) have served as an enlisted person at least 90 days

12 on active duty in the armed forces of the United States,

13 excluding service on active duty for training purposes

14 only, and entered active duty before September 8, 1980, for

15 purposes of eligibility for domiciliary or nursing home

16 care;

17 (4) have served as an officer at least 90 days on

18 active duty in the armed forces of the United States,

19 excluding service on active duty for training purposes

20 only, and entered active duty before October 17, 1981, for

21 purposes of eligibility for domiciliary or nursing home

22 care;

23 (5) have served on active duty in the armed forces of

24 the United States for 24 months of continuous service or

25 more, excluding active duty for training purposes only, and

26 enlisted after September 7, 1980, for purposes of

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1 eligibility for domiciliary or nursing home care;

2 (6) have served as a reservist in the armed forces of

3 the United States or the National Guard and the service

4 included being called to federal active duty, excluding

5 service on active duty for training purposes only, and who

6 completed the term, for purposes of eligibility for

7 domiciliary or nursing home care;

8 (7) have been discharged for reasons of hardship or

9 released from active duty due to a reduction in the United

10 States armed forces prior to the completion of the required

11 period of service, regardless of the actual time served,

12 for purposes of eligibility for domiciliary or nursing home

13 care; or

14 (8) have served in the National Guard or Reserve Forces

15 of the United States and completed 20 years of satisfactory

16 service, be otherwise eligible to receive reserve or active

17 duty retirement benefits, and have been an Illinois

18 resident for at least one year before applying for

19 admission for purposes of eligibility for domiciliary care

20 only.

21 (c) The veteran must have service accredited to the State

22 of Illinois or have been a resident of this State for one year

23 immediately preceding the date of application.

24 (d) For admission to the Illinois Veterans Homes at Anna

25 and Quincy, the veteran must be disabled by disease, wounds, or

26 otherwise and because of the disability be incapable of earning

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1 a living.

2 (e) For admission to the Illinois Veterans Homes at LaSalle

3 and Manteno, the veteran must be disabled by disease, wounds,

4 or otherwise and, for purposes of eligibility for nursing home

5 care, require nursing care because of the disability.

6 (f) An individual who served during a time of conflict as

7 set forth in subsection (a)(1) of this Section has preference

8 over all other qualifying candidates, for purposes of

9 eligibility for domiciliary or nursing home care at any

10 Illinois Veterans Home.

11 (g) A veteran or spouse, once admitted to an Illinois

12 Veterans Home facility, is considered a resident for

13 interfacility purposes.

14 (Source: P.A. 97-297, eff. 1-1-12.)

15 (20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)

16 Sec. 2.04. There shall be established in the State Treasury

17 special funds known as (i) the LaSalle Veterans Home Fund, (ii)

18 the Anna Veterans Home Fund, (iii) the Manteno Veterans Home

19 Fund, and (iv) the Quincy Veterans Home Fund. All moneys

20 received by an Illinois Veterans Home from Medicare and from

21 maintenance charges to veterans, spouses, and surviving

22 spouses residing at that Home shall be paid into that Home's

23 Fund. All moneys received from the U.S. Department of Veterans

24 Affairs for patient care shall be transmitted to the Treasurer

25 of the State for deposit in the Veterans Home Fund for the Home

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1 in which the veteran resides. Appropriations shall be made from

2 a Fund only for the needs of the Home, including capital

3 improvements, building rehabilitation, and repairs.

4 The administrator of each Veterans Home shall establish a

5 locally-held member's benefits fund.The Director may

6 authorize the Veterans Home to conduct limited fundraising in

7 accordance with applicable laws and regulations for which the

8 sole purpose is to benefit the Veterans Home's member's

9 benefits fund.Revenues accruing to an Illinois Veterans Home,

10 including any donations, grants for the operation of the Home,

11 profits from commissary stores, and funds received from any

12 individual or other source, including limited fundraising,

13 shall be deposited into that Home's benefits fund. Expenditures

14 from the benefits funds shall be solely for the special

15 comfort, pleasure, and amusement of residents. Contributors of

16 unsolicited private donations may specify the purpose for which

17 the private donations are to be used.

18 Upon request of the Department, the State's Attorney of the

19 county in which a resident or living former resident of an

20 Illinois Veterans Home who is liable under this Act for payment

21 of sums representing maintenance charges resides shall file an

22 action in a court of competent jurisdiction against any such

23 person who fails or refuses to pay such sums. The court may

24 order the payment of sums due to maintenance charges for such

25 period or periods of time as the circumstances require.

26 Upon the death of a person who is or has been a resident of

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1 an Illinois Veterans Home who is liable for maintenance charges

2 and who is possessed of property, the Department may present a

3 claim for such sum or for the balance due in case less than the

4 rate prescribed under this Act has been paid. The claim shall

5 be allowed and paid as other lawful claims against the estate.

6 The administrator of each Veterans Home shall establish a

7 locally-held trust fund to maintain moneys held for residents.

8 Whenever the Department finds it necessary to preserve order,

9 preserve health, or enforce discipline, the resident shall

10 deposit in a trust account at the Home such monies from any

11 source of income as may be determined necessary, and

12 disbursement of these funds to the resident shall be made only

13 by direction of the administrator.

14 If a resident of an Illinois Veterans Home has a dependent

15 child, spouse, or parent the administrator may require that all

16 monies received be deposited in a trust account with dependency

17 contributions being made at the direction of the administrator.

18 The balance retained in the trust account shall be disbursed to

19 the resident at the time of discharge from the Home or to his

20 or her heirs or legal representative at the time of the

21 resident's death, subject to Department regulations or order of

22 the court.

23 The Director of Central Management Services, with the

24 consent of the Director of Veterans' Affairs, is authorized and

25 empowered to lease or let any real property held by the

26 Department of Veterans' Affairs for an Illinois Veterans Home

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1 to entities or persons upon terms and conditions which are

2 considered to be in the best interest of that Home. The real

3 property must not be needed for any direct or immediate purpose

4 of the Home. In any leasing or letting, primary consideration

5 shall be given to the use of real property for agricultural

6 purposes, and all moneys received shall be transmitted to the

7 Treasurer of the State for deposit in the appropriate Veterans

8 Home Fund.

9 (Source: P.A. 97-297, eff. 1-1-12.)

10 (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)

11 Sec. 2.07. The Department shall employ and maintain

12 sufficient and qualified staff at the veterans' homes (i) to

13 fill all beds, subject to appropriation, and (ii) to fulfill

14 the requirements of this Act. The Department shall report to

15 the General Assembly, by ~~January 1 and~~ July 1 of each year, the

16 number of staff employed in providing direct patient care at

17 their veterans' homes, the compliance or noncompliance with

18 staffing standards established by the United States Department

19 of Veterans Affairs for such care, and in the event of

20 noncompliance with such standards, the number of staff required

21 for compliance. For purposes of this Section, a nurse who has a

22 license application pending with the State shall not be deemed

23 unqualified by the Department if the nurse is in compliance

24 with Section 50-15 of the Nurse Practice Act.

25 (Source: P.A. 96-699, eff. 8-25-09; 97-297, eff. 1-1-12.)

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1 (20 ILCS 2805/2.12 new)

2 Sec. 2.12. Cemeteries. The Department may operate

3 cemeteries at the Manteno Veterans Home and the Quincy Veterans

4 Home for interment of veterans or their spouses as identified

5 by the Department.

6 (20 ILCS 2805/3) (from Ch. 126 1/2, par. 68)

7 Sec. 3. The Department shall:

8 1. establish ~~Establish~~ an administrative office in

9 Springfield and a branch thereof in Chicago;

10 2. establish ~~Establish~~ such field offices as it shall find

11 necessary to enable it to perform its duties;and

12 3. maintain ~~Cause to be maintained, at its various offices,~~

13 case files containing records of services rendered to each

14 applicant, service progress ~~cards~~, and a follow-up system to

15 facilitate the completion of each request.

16 (Source: P.A. 79-376.)

17 Section 10. The Nursing Home Care Act is amended by

18 changing Sections 2-201.5, 3-101.5, and 3-303 and adding

19 Section 3-202.6 as follows:

20 (210 ILCS 45/2-201.5)

21 Sec. 2-201.5. Screening prior to admission.

22 (a) All persons age 18 or older seeking admission to a

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1 nursing facility must be screened to determine the need for

2 nursing facility services prior to being admitted, regardless

3 of income, assets, or funding source. Screening for nursing

4 facility services shall be administered through procedures

5 established by administrative rule. Screening may be done by

6 agencies other than the Department as established by

7 administrative rule. This Section applies on and after July 1,

8 1996. No later than October 1, 2010, the Department of

9 Healthcare and Family Services, in collaboration with the

10 Department on Aging, the Department of Human Services, and the

11 Department of Public Health, shall file administrative rules

12 providing for the gathering, during the screening process, of

13 information relevant to determining each person's potential

14 for placing other residents, employees, and visitors at risk of

15 harm.

16 (a-1) Any screening performed pursuant to subsection (a) of

17 this Section shall include a determination of whether any

18 person is being considered for admission to a nursing facility

19 due to a need for mental health services. For a person who

20 needs mental health services, the screening shall also include

21 an evaluation of whether there is permanent supportive housing,

22 or an array of community mental health services, including but

23 not limited to supported housing, assertive community

24 treatment, and peer support services, that would enable the

25 person to live in the community. The person shall be told about

26 the existence of any such services that would enable the person

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1 to live safely and humanely and about available appropriate

2 nursing home services that would enable the person to live

3 safely and humanely, and the person shall be given the

4 assistance necessary to avail himself or herself of any

5 available services.

6 (a-2) Pre-screening for persons with a serious mental

7 illness shall be performed by a psychiatrist, a psychologist, a

8 registered nurse certified in psychiatric nursing, a licensed

9 clinical professional counselor, or a licensed clinical social

10 worker, who is competent to (i) perform a clinical assessment

11 of the individual, (ii) certify a diagnosis, (iii) make a

12 determination about the individual's current need for

13 treatment, including substance abuse treatment, and recommend

14 specific treatment, and (iv) determine whether a facility or a

15 community-based program is able to meet the needs of the

16 individual.

17 For any person entering a nursing facility, the

18 pre-screening agent shall make specific recommendations about

19 what care and services the individual needs to receive,

20 beginning at admission, to attain or maintain the individual's

21 highest level of independent functioning and to live in the

22 most integrated setting appropriate for his or her physical and

23 personal care and developmental and mental health needs. These

24 recommendations shall be revised as appropriate by the

25 pre-screening or re-screening agent based on the results of

26 resident review and in response to changes in the resident's

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1 wishes, needs, and interest in transition.

2 Upon the person entering the nursing facility, the

3 Department of Human Services or its designee shall assist the

4 person in establishing a relationship with a community mental

5 health agency or other appropriate agencies in order to (i)

6 promote the person's transition to independent living and (ii)

7 support the person's progress in meeting individual goals.

8 (a-3) The Department of Human Services, by rule, shall

9 provide for a prohibition on conflicts of interest for

10 pre-admission screeners. The rule shall provide for waiver of

11 those conflicts by the Department of Human Services if the

12 Department of Human Services determines that a scarcity of

13 qualified pre-admission screeners exists in a given community

14 and that, absent a waiver of conflicts, an insufficient number

15 of pre-admission screeners would be available. If a conflict is

16 waived, the pre-admission screener shall disclose the conflict

17 of interest to the screened individual in the manner provided

18 for by rule of the Department of Human Services. For the

19 purposes of this subsection, a "conflict of interest" includes,

20 but is not limited to, the existence of a professional or

21 financial relationship between (i) a PAS-MH corporate or a

22 PAS-MH agent and (ii) a community provider or long-term care

23 facility.

24 (b) In addition to the screening required by subsection

25 (a), a facility, except for those licensed as long term care

26 for under age 22 facilities, shall, within 24 hours after

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1 admission, request a criminal history background check

2 pursuant to the Uniform Conviction Information Act for all

3 persons age 18 or older seeking admission to the facility,

4 unless a background check was initiated by a hospital pursuant

5 to subsection (d) of Section 6.09 of the Hospital Licensing Act

6 or a pre-admission background check was conducted by the

7 Department of Veterans' Affairs 30 days prior to admittance

8 into an Illinois Veterans Home. Background checks conducted

9 pursuant to this Section shall be based on the resident's name,

10 date of birth, and other identifiers as required by the

11 Department of State Police. If the results of the background

12 check are inconclusive, the facility shall initiate a

13 fingerprint-based check, unless the fingerprint check is

14 waived by the Director of Public Health based on verification

15 by the facility that the resident is completely immobile or

16 that the resident meets other criteria related to the

17 resident's health or lack of potential risk which may be

18 established by Departmental rule. A waiver issued pursuant to

19 this Section shall be valid only while the resident is immobile

20 or while the criteria supporting the waiver exist. The facility

21 shall provide for or arrange for any required fingerprint-based

22 checks to be taken on the premises of the facility. If a

23 fingerprint-based check is required, the facility shall

24 arrange for it to be conducted in a manner that is respectful

25 of the resident's dignity and that minimizes any emotional or

26 physical hardship to the resident.

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1 (c) If the results of a resident's criminal history

2 background check reveal that the resident is an identified

3 offender as defined in Section 1-114.01, the facility shall do

4 the following:

5 (1) Immediately notify the Department of State Police,

6 in the form and manner required by the Department of State

7 Police, in collaboration with the Department of Public

8 Health, that the resident is an identified offender.

9 (2) Within 72 hours, arrange for a fingerprint-based

10 criminal history record inquiry to be requested on the

11 identified offender resident. The inquiry shall be based on

12 the subject's name, sex, race, date of birth, fingerprint

13 images, and other identifiers required by the Department of

14 State Police. The inquiry shall be processed through the

15 files of the Department of State Police and the Federal

16 Bureau of Investigation to locate any criminal history

17 record information that may exist regarding the subject.

18 The Federal Bureau of Investigation shall furnish to the

19 Department of State Police, pursuant to an inquiry under

20 this paragraph (2), any criminal history record

21 information contained in its files.

22 The facility shall comply with all applicable provisions

23 contained in the Uniform Conviction Information Act.

24 All name-based and fingerprint-based criminal history

25 record inquiries shall be submitted to the Department of State

26 Police electronically in the form and manner prescribed by the

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1 Department of State Police. The Department of State Police may

2 charge the facility a fee for processing name-based and

3 fingerprint-based criminal history record inquiries. The fee

4 shall be deposited into the State Police Services Fund. The fee

5 shall not exceed the actual cost of processing the inquiry.

6 (d) (Blank).

7 (e) The Department shall develop and maintain a

8 de-identified database of residents who have injured facility

9 staff, facility visitors, or other residents, and the attendant

10 circumstances, solely for the purposes of evaluating and

11 improving resident pre-screening and assessment procedures

12 (including the Criminal History Report prepared under Section

13 2-201.6) and the adequacy of Department requirements

14 concerning the provision of care and services to residents. A

15 resident shall not be listed in the database until a Department

16 survey confirms the accuracy of the listing. The names of

17 persons listed in the database and information that would allow

18 them to be individually identified shall not be made public.

19 Neither the Department nor any other agency of State government

20 may use information in the database to take any action against

21 any individual, licensee, or other entity, unless the

22 Department or agency receives the information independent of

23 this subsection (e). All information collected, maintained, or

24 developed under the authority of this subsection (e) for the

25 purposes of the database maintained under this subsection (e)

26 shall be treated in the same manner as information that is

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1 subject to Part 21 of Article VIII of the Code of Civil

2 Procedure.

3 (Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)

4 (210 ILCS 45/3-101.5)

5 Sec. 3-101.5. Illinois Veterans Homes. An Illinois

6 Veterans Home licensed under this Act and operated by the

7 Illinois Department of Veterans' Affairs is exempt from the

8 license fee provisions of Section 3-103 of this Act and the

9 provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,

10 3-302, and ~~3-303, 3-401 through 3-423,~~ 3-503 through 3-517~~, and~~

11 ~~3-603 through 3-607~~ of this Act. A monitor or receiver shall be

12 placed in an Illinois Veterans Home only by court order or by

13 agreement between the Director of Public Health, the Director

14 of Veterans' Affairs, and the Secretary of the United States

15 Department of Veterans Affairs.

16 (Source: P.A. 96-703, eff. 8-25-09.)

17 (210 ILCS 45/3-202.6 new)

18 Sec. 3-202.6. Department of Veterans' Affairs facility

19 plan review.

20 (a) Before commencing construction of a new facility or

21 specified types of alteration or additions to an existing

22 long-term care facility involving major construction, as

23 defined by rule by the Department, with an estimated cost

24 greater than $100,000, architectural drawings and

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1 specifications for the facility shall be submitted to the

2 Department for review. A facility may submit architectural

3 drawings and specifications for other construction projects

4 for Department review according to subsection (b) of this

5 Section that shall not be subject to fees under subsection (d)

6 of this Section. Review of drawings and specifications shall be

7 conducted by an employee of the Department meeting the

8 qualifications established by the Department of Central

9 Management Services class specifications for such an

10 individual's position or by a person contracting with the

11 Department who meets those class specifications.

12 (b) The Department shall inform an applicant in writing

13 within 10 working days after receiving drawings and

14 specifications from the applicant whether the applicant's

15 submission is complete or incomplete. Failure to provide the

16 applicant with this notice within 10 working days after

17 receiving drawings and specifications from the applicant shall

18 result in the submission being deemed complete for purposes of

19 initiating the 60-day review period under this Section. If the

20 submission is incomplete, the Department shall inform the

21 applicant of the deficiencies with the submission in writing.

22 If the submission is complete, the Department shall approve or

23 disapprove drawings and specifications submitted to the

24 Department no later than 60 days following receipt by the

25 Department. The drawings and specifications shall be of

26 sufficient detail, as provided by Department rule, to enable

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1 the Department to render a determination of compliance with

2 design and construction standards under this Act. If the

3 Department finds that the drawings are not of sufficient detail

4 for it to render a determination of compliance, the plans shall

5 be determined to be incomplete and shall not be considered for

6 purposes of initiating the 60-day review period. If a

7 submission of drawings and specifications is incomplete, the

8 applicant may submit additional information. The 60-day review

9 period shall not commence until the Department determines that

10 a submission of drawings and specifications is complete or the

11 submission is deemed complete. If the Department has not

12 approved or disapproved the drawings and specifications within

13 60 days after receipt by the Department, the construction,

14 major alteration, or addition shall be deemed approved. If the

15 drawings and specifications are disapproved, the Department

16 shall state in writing, with specificity, the reasons for the

17 disapproval. The entity submitting the drawings and

18 specifications may submit additional information in response

19 to the written comments from the Department or request a

20 reconsideration of the disapproval. A final decision of

21 approval or disapproval shall be made within 45 days after the

22 receipt of the additional information or reconsideration

23 request. If denied, the Department shall state the specific

24 reasons for the denial.

25 (c) The Department shall provide written approval for

26 occupancy pursuant to subsection (e) of this Section and shall

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1 not issue a violation to a facility as a result of a licensure

2 or complaint survey based upon the facility's physical

3 structure if:

4 (1) the Department reviewed and approved or is deemed

5 to have approved the drawings and specifications for

6 compliance with design and construction standards;

7 (2) the construction, major alteration, or addition

8 was built as submitted;

9 (3) the law or rules have not been amended since the

10 original approval; and

11 (4) the conditions at the facility indicate that there

12 is a reasonable degree of safety provided for the

13 residents.

14 (d) The Department shall not charge a fee in connection

15 with its reviews to the Department of Veterans' Affairs.

16 (e) The Department shall conduct an on-site inspection of

17 the completed project no later than 30 days after notification

18 from the applicant that the project has been completed and all

19 certifications required by the Department have been received

20 and accepted by the Department. The Department shall provide

21 written approval for occupancy to the applicant within 5

22 working days after the Department's final inspection, provided

23 the applicant has demonstrated substantial compliance as

24 defined by Department rule. Occupancy of new major construction

25 is prohibited until Department approval is received, unless the

26 Department has not acted within the time frames provided in

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1 this subsection (e), in which case the construction shall be

2 deemed approved. Occupancy shall be authorized after any

3 required health inspection by the Department has been

4 conducted.

5 (f) The Department shall establish, by rule, a procedure to

6 conduct interim on-site review of large or complex construction

7 projects.

8 (g) The Department shall establish, by rule, an expedited

9 process for emergency repairs or replacement of like equipment.

10 (h) Nothing in this Section shall be construed to apply to

11 maintenance, upkeep, or renovation that does not affect the

12 structural integrity of the building, does not add beds or

13 services over the number for which the long-term care facility

14 is licensed, and provides a reasonable degree of safety for the

15 residents.

16 (210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)

17 Sec. 3-303. (a) The situation, condition or practice

18 constituting a Type "AA" violation or a Type "A" violation

19 shall be abated or eliminated immediately unless a fixed period

20 of time, not exceeding 15 days, as determined by the Department

21 and specified in the notice of violation, is required for

22 correction.

23 (b) At the time of issuance of a notice of a Type "B"

24 violation, the Department shall request a plan of correction

25 which is subject to the Department's approval. The facility

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1 shall have 10 days after receipt of notice of violation in

2 which to prepare and submit a plan of correction. The

3 Department may extend this period up to 30 days where

4 correction involves substantial capital improvement. The plan

5 shall include a fixed time period not in excess of 90 days

6 within which violations are to be corrected. If the Department

7 rejects a plan of correction, it shall send notice of the

8 rejection and the reason for the rejection to the facility. The

9 facility shall have 10 days after receipt of the notice of

10 rejection in which to submit a modified plan. If the modified

11 plan is not timely submitted, or if the modified plan is

12 rejected, the facility shall follow an approved plan of

13 correction imposed by the Department.

14 (c) If the violation has been corrected prior to submission

15 and approval of a plan of correction, the facility may submit a

16 report of correction in place of a plan of correction. Such

17 report shall be signed by the administrator under oath.

18 (d) Upon a licensee's petition, the Department shall

19 determine whether to grant a licensee's request for an extended

20 correction time. Such petition shall be served on the

21 Department prior to expiration of the correction time

22 originally approved. The burden of proof is on the petitioning

23 facility to show good cause for not being able to comply with

24 the original correction time approved.

25 (e) If a facility desires to contest any Department action

26 under this Section it shall send a written request for a

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1 hearing under Section 3-703 to the Department within 10 days of

2 receipt of notice of the contested action. The Department shall

3 commence the hearing as provided under Section 3-703. Whenever

4 possible, all action of the Department under this Section

5 arising out of a violation shall be contested and determined at

6 a single hearing. Issues decided after a hearing may not be

7 reheard at subsequent hearings under this Section.

8 (f) For facilities operated by the Department of Veterans'

9 Affairs, all deadlines contained in this Section for correction

10 of violations are subject to adherence to applicable provisions

11 of State procurement law and the availability of appropriations

12 for the specific purpose.

13 (Source: P.A. 96-1372, eff. 7-29-10.)

14 Section 15. The Veterans and Servicemembers Court

15 Treatment Act is amended by changing Sections 10 and 25 as

16 follows:

17 (730 ILCS 167/10)

18 Sec. 10. Definitions. In this Act:

19 "Combination Veterans and Servicemembers Court program"

20 means a court program that includes a pre-adjudicatory and a

21 post-adjudicatory Veterans and Servicemembers court program.

22 "Court" means Veterans and Servicemembers Court.

23 "IDVA" means the Illinois Department of Veterans' Affairs.

24 "Peer recovery coach" means a volunteer veteran mentor

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1 assigned to a veteran or servicemember during participation in

2 a veteran treatment court program who has been trained and

3 certified by the court to guide and mentor the participant to

4 successfully complete the assigned requirements.

5 "Post-adjudicatory Veterans and Servicemembers Court

6 Program" means a program in which the defendant has admitted

7 guilt or has been found guilty and agrees, along with the

8 prosecution, to enter a Veterans and Servicemembers Court

9 program as part of the defendant's sentence.

10 "Pre-adjudicatory Veterans and Servicemembers Court

11 Program" means a program that allows the defendant with the

12 consent of the prosecution, to expedite the defendant's

13 criminal case before conviction or before filing of a criminal

14 case and requires successful completion of the Veterans and

15 Servicemembers Court programs as part of the agreement.

16 "Servicemember" means a person who is currently serving in

17 the Army, Air Force, Marines, Navy, or Coast Guard on active

18 duty, reserve status or in the National Guard.

19 "VA" means the United States Department of Veterans'

20 Affairs.

21 "Veteran" means a person who served in the active military,

22 naval, or air service and who was discharged or released

23 therefrom under conditions other than dishonorable.

24 "Veterans and Servicemembers Court professional" means a

25 member of the Veterans and Servicemembers Court team, including

26 but not limited to a judge, prosecutor, defense attorney,

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1 probation officer, coordinator, treatment provider, or peer

2 recovery coach.

3 "Veterans and Servicemembers Court" means a court or

4 program with an immediate and highly structured judicial

5 intervention process for substance abuse treatment, mental

6 health, or other assessed treatment needs of eligible veteran

7 and servicemember defendants that brings together substance

8 abuse professionals, mental health professionals, VA

9 professionals, local social programs and intensive judicial

10 monitoring in accordance with the nationally recommended 10 key

11 components of drug courts.

12 (Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)

13 (730 ILCS 167/25)

14 Sec. 25. Procedure.

15 (a) The Court shall order the defendant to submit to an

16 eligibility screening and an assessment through the VA and/or

17 the IDVA to provide information on the defendant's veteran or

18 servicemember status.

19 (b) The Court shall order the defendant to submit to an

20 eligibility screening and mental health and drug/alcohol

21 screening and assessment of the defendant by the VA or by the

22 IDVA to provide assessment services for Illinois Courts. The

23 assessment shall include a risks assessment and be based, in

24 part, upon the known availability of treatment resources

25 available to the Veterans and Servicemembers Court. The

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1 assessment shall also include recommendations for treatment of

2 the conditions which are indicating a need for treatment under

3 the monitoring of the Court and be reflective of a level of

4 risk assessed for the individual seeking admission. An

5 assessment need not be ordered if the Court finds a valid

6 screening and/or assessment related to the present charge

7 pending against the defendant has been completed within the

8 previous 60 days.

9 (c) The judge shall inform the defendant that if the

10 defendant fails to meet the conditions of the Veterans and

11 Servicemembers Court program, eligibility to participate in

12 the program may be revoked and the defendant may be sentenced

13 or the prosecution continued as provided in the Unified Code of

14 Corrections for the crime charged.

15 (d) The defendant shall execute a written agreement with

16 the Court as to his or her participation in the program and

17 shall agree to all of the terms and conditions of the program,

18 including but not limited to the possibility of sanctions or

19 incarceration for failing to abide or comply with the terms of

20 the program.

21 (e) In addition to any conditions authorized under the

22 Pretrial Services Act and Section 5-6-3 of the Unified Code of

23 Corrections, the Court may order the defendant to complete

24 substance abuse treatment in an outpatient, inpatient,

25 residential, or jail-based custodial treatment program, order

26 the defendant to complete mental health counseling in an

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1 inpatient or outpatient basis, comply with physicians'

2 recommendation regarding medications and all follow up

3 treatment. This treatment may include but is not limited to

4 post-traumatic stress disorder, traumatic brain injury and

5 depression.

6 (f) The Court may establish a mentorship program that

7 provides access and support to program participants by peer

8 recovery coaches. Courts shall be responsible to administer the

9 mentorship program with the support of volunteer veterans and

10 local veteran service organizations. Peer recovery coaches

11 shall be trained and certified by the Court prior to being

12 assigned to participants in the program.

13 (Source: P.A. 96-924, eff. 6-14-10.)

14 Section 99. Effective date. This Act takes effect upon

15 becoming law.

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INDEX

Statutes amended in order of appearance