HB3213 Engrossed LRB099 09058 KTG 29247 b
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, and 3 and
6		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 2805/2.12 new)
11		Sec. 2.12. Cemeteries. The Department may operate
12		cemeteries at the Manteno Veterans Home and the Quincy Veterans
13		Home for interment of veterans or their spouses as identified
14		by the Department.
15		(20 ILCS 2805/3) (from Ch. 126 1/2, par. 68)
16		Sec. 3. The Department shall:
17		1. establish Establish an administrative office in
18		Springfield and a branch thereof in Chicago;
19		2. establish Establish such field offices as it shall find
20		necessary to enable it to perform its duties; and
21		3. maintain Cause to be maintained, at its various offices,
22		case files containing records of services rendered to each
23		applicant, service progress cards, and a follow-up system to
24		facilitate the completion of each request.

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1		(Source: P.A. 79-376.)
2		Section 10. The Nursing Home Care Act is amended by
3		changing Sections 2-201.5, 3-101.5, and 3-303 and adding
4		Section 3-202.6 as follows:
5		(210 ILCS 45/2-201.5)
6		Sec. 2-201.5. Screening prior to admission.
7		(a) All persons age 18 or older seeking admission to a
8		nursing facility must be screened to determine the need for
9		nursing facility services prior to being admitted, regardless
10		of income, assets, or funding source. Screening for nursing
11		facility services shall be administered through procedures
12		established by administrative rule. Screening may be done by
13		agencies other than the Department as established by
14		administrative rule. This Section applies on and after July 1,
15		1996. No later than October 1, 2010, the Department of
16		Healthcare and Family Services, in collaboration with the
17		Department on Aging, the Department of Human Services, and the
18		Department of Public Health, shall file administrative rules
19		providing for the gathering, during the screening process, of
20		information relevant to determining each person's potential
21		for placing other residents, employees, and visitors at risk of
22		harm.
23		(a-1) Any screening performed pursuant to subsection (a) of
24		this Section shall include a determination of whether any

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1		person is being considered for admission to a nursing facility
2		due to a need for mental health services. For a person who
3		needs mental health services, the screening shall also include
4		an evaluation of whether there is permanent supportive housing,
5		or an array of community mental health services, including but
6		not limited to supported housing, assertive community
7		treatment, and peer support services, that would enable the
8		person to live in the community. The person shall be told about
9		the existence of any such services that would enable the person
10		to live safely and humanely and about available appropriate
11		nursing home services that would enable the person to live
12		safely and humanely, and the person shall be given the
13		assistance necessary to avail himself or herself of any
14		available services.
15		(a-2) Pre-screening for persons with a serious mental
16		illness shall be performed by a psychiatrist, a psychologist, a
17		registered nurse certified in psychiatric nursing, a licensed
18		clinical professional counselor, or a licensed clinical social
19		worker, who is competent to (i) perform a clinical assessment
20		of the individual, (ii) certify a diagnosis, (iii) make a
21		determination about the individual's current need for
22		treatment, including substance abuse treatment, and recommend
23		specific treatment, and (iv) determine whether a facility or a
24		community-based program is able to meet the needs of the
25		individual.
26		For any person entering a nursing facility, the

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1		pre-screening agent shall make specific recommendations about
2		what care and services the individual needs to receive,
3		beginning at admission, to attain or maintain the individual's
4		highest level of independent functioning and to live in the
5		most integrated setting appropriate for his or her physical and
6		personal care and developmental and mental health needs. These
7		recommendations shall be revised as appropriate by the
8		pre-screening or re-screening agent based on the results of
9		resident review and in response to changes in the resident's
10		wishes, needs, and interest in transition.
11		Upon the person entering the nursing facility, the
12		Department of Human Services or its designee shall assist the
13		person in establishing a relationship with a community mental
14		health agency or other appropriate agencies in order to (i)
15		promote the person's transition to independent living and (ii)
16		support the person's progress in meeting individual goals.
17		(a-3) The Department of Human Services, by rule, shall
18		provide for a prohibition on conflicts of interest for
19		pre-admission screeners. The rule shall provide for waiver of
20		those conflicts by the Department of Human Services if the
21		Department of Human Services determines that a scarcity of
22		qualified pre-admission screeners exists in a given community
23		and that, absent a waiver of conflicts, an insufficient number
24		of pre-admission screeners would be available. If a conflict is
25		waived, the pre-admission screener shall disclose the conflict
26		of interest to the screened individual in the manner provided

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1		for by rule of the Department of Human Services. For the
2		purposes of this subsection, a "conflict of interest" includes,
3		but is not limited to, the existence of a professional or
4		financial relationship between (i) a PAS-MH corporate or a
5		PAS-MH agent and (ii) a community provider or long-term care
6		facility.
7		(b) In addition to the screening required by subsection
8		(a), a facility, except for those licensed as long term care
9		for under age 22 facilities, shall, within 24 hours after
10		admission, request a criminal history background check
11		pursuant to the Uniform Conviction Information Act for all
12		persons age 18 or older seeking admission to the facility,
13		unless a background check was initiated by a hospital pursuant
14		to subsection (d) of Section 6.09 of the Hospital Licensing Act
15		or a pre-admission background check was conducted by the
16		Department of Veterans' Affairs 30 days prior to admittance
17		into an Illinois Veterans Home. Background checks conducted
18		pursuant to this Section shall be based on the resident's name,
19		date of birth, and other identifiers as required by the
20		Department of State Police. If the results of the background
21		check are inconclusive, the facility shall initiate a
22		fingerprint-based check, unless the fingerprint check is
23		waived by the Director of Public Health based on verification
24		by the facility that the resident is completely immobile or
25		that the resident meets other criteria related to the
26		resident's health or lack of potential risk which may be

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1		established by Departmental rule. A waiver issued pursuant to
2		this Section shall be valid only while the resident is immobile
3		or while the criteria supporting the waiver exist. The facility
4		shall provide for or arrange for any required fingerprint-based
5		checks to be taken on the premises of the facility. If a
6		fingerprint-based check is required, the facility shall
7		arrange for it to be conducted in a manner that is respectful
8		of the resident's dignity and that minimizes any emotional or
9		physical hardship to the resident.
10		(c) If the results of a resident's criminal history
11		background check reveal that the resident is an identified
12		offender as defined in Section 1-114.01, the facility shall do
13		the following:
14		(1) Immediately notify the Department of State Police,
15		in the form and manner required by the Department of State
16		Police, in collaboration with the Department of Public
17		Health, that the resident is an identified offender.
18		(2) Within 72 hours, arrange for a fingerprint-based
19		criminal history record inquiry to be requested on the
20		identified offender resident. The inquiry shall be based on
21		the subject's name, sex, race, date of birth, fingerprint
22		images, and other identifiers required by the Department of
23		State Police. The inquiry shall be processed through the
24		files of the Department of State Police and the Federal
25		Bureau of Investigation to locate any criminal history
26		record information that may exist regarding the subject.

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1		The Federal Bureau of Investigation shall furnish to the
2		Department of State Police, pursuant to an inquiry under
3		this paragraph (2), any criminal history record
4		information contained in its files.
5		The facility shall comply with all applicable provisions
6		contained in the Uniform Conviction Information Act.
7		All name-based and fingerprint-based criminal history
8		record inquiries shall be submitted to the Department of State
9		Police electronically in the form and manner prescribed by the
10		Department of State Police. The Department of State Police may
11		charge the facility a fee for processing name-based and
12		fingerprint-based criminal history record inquiries. The fee
13		shall be deposited into the State Police Services Fund. The fee
14		shall not exceed the actual cost of processing the inquiry.
15		(d) (Blank).
16		(e) The Department shall develop and maintain a
17		de-identified database of residents who have injured facility
18		staff, facility visitors, or other residents, and the attendant
19		circumstances, solely for the purposes of evaluating and
20		improving resident pre-screening and assessment procedures
21		(including the Criminal History Report prepared under Section
22		2-201.6) and the adequacy of Department requirements
23		concerning the provision of care and services to residents. A
24		resident shall not be listed in the database until a Department
25		survey confirms the accuracy of the listing. The names of
26		persons listed in the database and information that would allow

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1		them to be individually identified shall not be made public.
2		Neither the Department nor any other agency of State government
3		may use information in the database to take any action against
4		any individual, licensee, or other entity, unless the
5		Department or agency receives the information independent of
6		this subsection (e). All information collected, maintained, or
7		developed under the authority of this subsection (e) for the
8		purposes of the database maintained under this subsection (e)
9		shall be treated in the same manner as information that is
10		subject to Part 21 of Article VIII of the Code of Civil
11		Procedure.
12		(Source: P.A. 96-1372, eff. 7-29-10; 97-48, eff. 6-28-11.)
13		(210 ILCS 45/3-101.5)
14		Sec. 3-101.5. Illinois Veterans Homes. An Illinois
15		Veterans Home licensed under this Act and operated by the
16		Illinois Department of Veterans' Affairs is exempt from the
17		license fee provisions of Section 3-103 of this Act and the
18		provisions of Sections 3-104 through 3-106, 3-202.5, 3-208,
19		3-302, and 3-303, 3-401 through 3-423, 3-503 through 3-517, and
20		3-603 through 3-607 of this Act. A monitor or receiver shall be
21		placed in an Illinois Veterans Home only by court order or by
22		agreement between the Director of Public Health, the Director
23		of Veterans' Affairs, and the Secretary of the United States
24		Department of Veterans Affairs.
25		(Source: P.A. 96-703, eff. 8-25-09.)

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1		(210 ILCS 45/3-202.6 new)
2		Sec. 3-202.6. Department of Veterans' Affairs facility
3		plan review.
4		(a) Before commencing construction of a new facility or
5		specified types of alteration or additions to an existing
6		long-term care facility involving major construction, as
7		defined by rule by the Department, with an estimated cost
8		greater than $100,000, architectural drawings and
9		specifications for the facility shall be submitted to the
10		Department for review. A facility may submit architectural
11		drawings and specifications for other construction projects
12		for Department review according to subsection (b) of this
13		Section that shall not be subject to fees under subsection (d)
14		of this Section. Review of drawings and specifications shall be
15		conducted by an employee of the Department meeting the
16		qualifications established by the Department of Central
17		Management Services class specifications for such an
18		individual's position or by a person contracting with the
19		Department who meets those class specifications.
20		(b) The Department shall inform an applicant in writing
21		within 10 working days after receiving drawings and
22		specifications from the applicant whether the applicant's
23		submission is complete or incomplete. Failure to provide the
24		applicant with this notice within 10 working days after
25		receiving drawings and specifications from the applicant shall

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1		result in the submission being deemed complete for purposes of
2		initiating the 60-day review period under this Section. If the
3		submission is incomplete, the Department shall inform the
4		applicant of the deficiencies with the submission in writing.
5		If the submission is complete, the Department shall approve or
6		disapprove drawings and specifications submitted to the
7		Department no later than 60 days following receipt by the
8		Department. The drawings and specifications shall be of
9		sufficient detail, as provided by Department rule, to enable
10		the Department to render a determination of compliance with
11		design and construction standards under this Act. If the
12		Department finds that the drawings are not of sufficient detail
13		for it to render a determination of compliance, the plans shall
14		be determined to be incomplete and shall not be considered for
15		purposes of initiating the 60-day review period. If a
16		submission of drawings and specifications is incomplete, the
17		applicant may submit additional information. The 60-day review
18		period shall not commence until the Department determines that
19		a submission of drawings and specifications is complete or the
20		submission is deemed complete. If the Department has not
21		approved or disapproved the drawings and specifications within
22		60 days after receipt by the Department, the construction,
23		major alteration, or addition shall be deemed approved. If the
24		drawings and specifications are disapproved, the Department
25		shall state in writing, with specificity, the reasons for the
26		disapproval. The entity submitting the drawings and

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1		specifications may submit additional information in response
2		to the written comments from the Department or request a
3		reconsideration of the disapproval. A final decision of
4		approval or disapproval shall be made within 45 days after the
5		receipt of the additional information or reconsideration
6		request. If denied, the Department shall state the specific
7		reasons for the denial.
8		(c) The Department shall provide written approval for
9		occupancy pursuant to subsection (e) of this Section and shall
10		not issue a violation to a facility as a result of a licensure
11		or complaint survey based upon the facility's physical
12		structure if:
13		(1) the Department reviewed and approved or is deemed
14		to have approved the drawings and specifications for
15		compliance with design and construction standards;
16		(2) the construction, major alteration, or addition
17		was built as submitted;
18		(3) the law or rules have not been amended since the
19		original approval; and
20		(4) the conditions at the facility indicate that there
21		is a reasonable degree of safety provided for the
22		residents.
23		(d) The Department shall not charge a fee in connection
24		with its reviews to the Department of Veterans' Affairs.
25		(e) The Department shall conduct an on-site inspection of
26		the completed project no later than 30 days after notification

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1		from the applicant that the project has been completed and all
2		certifications required by the Department have been received
3		and accepted by the Department. The Department shall provide
4		written approval for occupancy to the applicant within 5
5		working days after the Department's final inspection, provided
6		the applicant has demonstrated substantial compliance as
7		defined by Department rule. Occupancy of new major construction
8		is prohibited until Department approval is received, unless the
9		Department has not acted within the time frames provided in
10		this subsection (e), in which case the construction shall be
11		deemed approved. Occupancy shall be authorized after any
12		required health inspection by the Department has been
13		conducted.
14		(f) The Department shall establish, by rule, a procedure to
15		conduct interim on-site review of large or complex construction
16		projects.
17		(g) The Department shall establish, by rule, an expedited
18		process for emergency repairs or replacement of like equipment.
19		(h) Nothing in this Section shall be construed to apply to
20		maintenance, upkeep, or renovation that does not affect the
21		structural integrity of the building, does not add beds or
22		services over the number for which the long-term care facility
23		is licensed, and provides a reasonable degree of safety for the
24		residents.
25		(210 ILCS 45/3-303) (from Ch. 111 1/2, par. 4153-303)

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1		Sec. 3-303. (a) The situation, condition or practice
2		constituting a Type "AA" violation or a Type "A" violation
3		shall be abated or eliminated immediately unless a fixed period
4		of time, not exceeding 15 days, as determined by the Department
5		and specified in the notice of violation, is required for
6		correction.
7		(b) At the time of issuance of a notice of a Type "B"
8		violation, the Department shall request a plan of correction
9		which is subject to the Department's approval. The facility
10		shall have 10 days after receipt of notice of violation in
11		which to prepare and submit a plan of correction. The
12		Department may extend this period up to 30 days where
13		correction involves substantial capital improvement. The plan
14		shall include a fixed time period not in excess of 90 days
15		within which violations are to be corrected. If the Department
16		rejects a plan of correction, it shall send notice of the
17		rejection and the reason for the rejection to the facility. The
18		facility shall have 10 days after receipt of the notice of
19		rejection in which to submit a modified plan. If the modified
20		plan is not timely submitted, or if the modified plan is
21		rejected, the facility shall follow an approved plan of
22		correction imposed by the Department.
23		(c) If the violation has been corrected prior to submission
24		and approval of a plan of correction, the facility may submit a
25		report of correction in place of a plan of correction. Such
26		report shall be signed by the administrator under oath.

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1		(d) Upon a licensee's petition, the Department shall
2		determine whether to grant a licensee's request for an extended
3		correction time. Such petition shall be served on the
4		Department prior to expiration of the correction time
5		originally approved. The burden of proof is on the petitioning
6		facility to show good cause for not being able to comply with
7		the original correction time approved.
8		(e) If a facility desires to contest any Department action
9		under this Section it shall send a written request for a
10		hearing under Section 3-703 to the Department within 10 days of
11		receipt of notice of the contested action. The Department shall
12		commence the hearing as provided under Section 3-703. Whenever
13		possible, all action of the Department under this Section
14		arising out of a violation shall be contested and determined at
15		a single hearing. Issues decided after a hearing may not be
16		reheard at subsequent hearings under this Section.
17		(f) For facilities operated by the Department of Veterans'
18		Affairs, all deadlines contained in this Section for correction
19		of violations are subject to adherence to applicable provisions
20		of State procurement law and the availability of appropriations
21		for the specific purpose.
22		(Source: P.A. 96-1372, eff. 7-29-10.)
23		Section 15. The Veterans and Servicemembers Court
24		Treatment Act is amended by changing Sections 10 and 25 as
25		follows:

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1		(730 ILCS 167/10)
2		Sec. 10. Definitions. In this Act:
3		"Combination Veterans and Servicemembers Court program"
4		means a court program that includes a pre-adjudicatory and a
5		post-adjudicatory Veterans and Servicemembers court program.
6		"Court" means Veterans and Servicemembers Court.
7		"IDVA" means the Illinois Department of Veterans' Affairs.
8		"Peer recovery coach" means a volunteer veteran mentor
9		assigned to a veteran or servicemember during participation in
10		a veteran treatment court program who has been trained and
11		certified by the court to guide and mentor the participant to
12		successfully complete the assigned requirements.
13		"Post-adjudicatory Veterans and Servicemembers Court
14		Program" means a program in which the defendant has admitted
15		guilt or has been found guilty and agrees, along with the
16		prosecution, to enter a Veterans and Servicemembers Court
17		program as part of the defendant's sentence.
18		"Pre-adjudicatory Veterans and Servicemembers Court
19		Program" means a program that allows the defendant with the
20		consent of the prosecution, to expedite the defendant's
21		criminal case before conviction or before filing of a criminal
22		case and requires successful completion of the Veterans and
23		Servicemembers Court programs as part of the agreement.
24		"Servicemember" means a person who is currently serving in
25		the Army, Air Force, Marines, Navy, or Coast Guard on active

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1		duty, reserve status or in the National Guard.
2		"VA" means the United States Department of Veterans'
3		Affairs.
4		"Veteran" means a person who served in the active military,
5		naval, or air service and who was discharged or released
6		therefrom under conditions other than dishonorable.
7		"Veterans and Servicemembers Court professional" means a
8		member of the Veterans and Servicemembers Court team, including
9		but not limited to a judge, prosecutor, defense attorney,
10		probation officer, coordinator, treatment provider, or peer
11		recovery coach.
12		"Veterans and Servicemembers Court" means a court or
13		program with an immediate and highly structured judicial
14		intervention process for substance abuse treatment, mental
15		health, or other assessed treatment needs of eligible veteran
16		and servicemember defendants that brings together substance
17		abuse professionals, mental health professionals, VA
18		professionals, local social programs and intensive judicial
19		monitoring in accordance with the nationally recommended 10 key
20		components of drug courts.
21		(Source: P.A. 96-924, eff. 6-14-10; 97-946, eff. 8-13-12.)
22		(730 ILCS 167/25)
23		Sec. 25. Procedure.
24		(a) The Court shall order the defendant to submit to an
25		eligibility screening and an assessment through the VA and/or

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1		the IDVA to provide information on the defendant's veteran or
2		servicemember status.
3		(b) The Court shall order the defendant to submit to an
4		eligibility screening and mental health and drug/alcohol
5		screening and assessment of the defendant by the VA or by the
6		IDVA to provide assessment services for Illinois Courts. The
7		assessment shall include a risks assessment and be based, in
8		part, upon the known availability of treatment resources
9		available to the Veterans and Servicemembers Court. The
10		assessment shall also include recommendations for treatment of
11		the conditions which are indicating a need for treatment under
12		the monitoring of the Court and be reflective of a level of
13		risk assessed for the individual seeking admission. An
14		assessment need not be ordered if the Court finds a valid
15		screening and/or assessment related to the present charge
16		pending against the defendant has been completed within the
17		previous 60 days.
18		(c) The judge shall inform the defendant that if the
19		defendant fails to meet the conditions of the Veterans and
20		Servicemembers Court program, eligibility to participate in
21		the program may be revoked and the defendant may be sentenced
22		or the prosecution continued as provided in the Unified Code of
23		Corrections for the crime charged.
24		(d) The defendant shall execute a written agreement with
25		the Court as to his or her participation in the program and
26		shall agree to all of the terms and conditions of the program,

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1		including but not limited to the possibility of sanctions or
2		incarceration for failing to abide or comply with the terms of
3		the program.
4		(e) In addition to any conditions authorized under the
5		Pretrial Services Act and Section 5-6-3 of the Unified Code of
6		Corrections, the Court may order the defendant to complete
7		substance abuse treatment in an outpatient, inpatient,
8		residential, or jail-based custodial treatment program, order
9		the defendant to complete mental health counseling in an
10		inpatient or outpatient basis, comply with physicians'
11		recommendation regarding medications and all follow up
12		treatment. This treatment may include but is not limited to
13		post-traumatic stress disorder, traumatic brain injury and
14		depression.
15		(f) The Court may establish a mentorship program that
16		provides access and support to program participants by peer
17		recovery coaches. Courts shall be responsible to administer the
18		mentorship program with the support of volunteer veterans and
19		local veteran service organizations. Peer recovery coaches
20		shall be trained and certified by the Court prior to being
21		assigned to participants in the program.
22		(Source: P.A. 96-924, eff. 6-14-10.)
23		Section 99. Effective date. This Act takes effect upon
24		becoming law.
HB3213 Engrossed - 28 - LRB099 09058 KTG 29247 b 1 INDEX 2 Statutes amended in order of appearance