The Department of Public Health proposed rules which will impact long-term care facilities owned or operated by small businesses:
The Department of Public Health proposed amendments to "Skilled Nursing and Intermediate Care Facilities Code" (77 Ill. Adm. Code 300; 34 Ill. Reg. 18104), "Sheltered Care Facilities Code" (77 Ill. Adm. Code 330; 34 Ill. Reg. 18201), and "Illinois Veterans' Homes code" (77 Ill. Adm. Code 340; 34 Ill. Reg. 18286) that implement comprehensive long-term care reform provisions of Public Act 96-1372. The rulemakings add two new categories to the existing Type A and B categories of health and safety violations: "Type AA" violations which directly cause the death of a resident, and "Type C' Violations that create a substantial probability of "not less than minimal" physical or mental harm to residents. Fines range from $250 for low-risk Type C violations to $25,000 for Type AA violations. (The maximum fine established in current rule is "not less than" $10,000 for Type A violations causing death, serious harm or permanent disability.) Lesser violations that do not incur fines will prompt written administrative warnings. Criteria for revoking a facility's license are expanded to include commission of 2 or more Type AA violations within a 2-year period, loss of federal Medicare or Medicaid certification, or failure to pay any fines assessed by DPH. The initial license application fee is increased to $1,990 (currently $995). The rulemakings also expand the definition of an "identified offender" to include a person who has been found not guilty by reason of insanity or ruled unfit to stand trial for a sex offense or other specified felonies. If a criminal background check reveals a resident to be an identified offender, the facility must notify the Department of State Police immediately and request a fingerprint-based criminal history record for the resident. If the facility determines that an identified offender poses a serious threat to the safety of other residents, staff, or visitors, the offender must be transferred or discharged within 3 days. Other provisions protect "whistleblowers" who report or threaten to report violations from retaliatory action by their supervisors; establish procedures for care and treatment of residents who have been or are suspected to have been sexually assaulted; and require additional re-screenings of mentally ill residents 90 days and 6 months after admission (currently, rescreening is required annually).
Bottom Line: In 2010 the General Assembly passed Public Act 96-1372, a comprehensive overhaul of all aspects of licensure, violations, resident care, and safety. PA 96-1372 added new definitions or amended existing ones for identified offenders and the levels of violations, updated the screening and rescreening requirements for mentally ill residents, updated the requirements for screening and treating identified offenders, doubled license fees, established minimum requirements for comprehensive resident care plans, increased fines and revamped the levels of violations, added statutory protections for "whistleblowers" and required the Department to draft rules for the care and treatment of sexual assault victims. For questions or to submit comments, contact Susan Meister at [email protected], or (217) 782-2043. Click Here to submit comments.
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The Office of the Auditor General proposed amendments which will impact businesses that have or seek contracts with the Office of the Auditor General:
The Office of the Auditor General proposed amendments to "Government Contracts, Procurement and Property Management" (44 Ill Adm. Code 500; 34 Ill. Reg. 18010) implementing provisions of three public acts (PA 96-795, PA 96-920 and PA 96-1444) revising State procurement practices. The rulemaking applies to purchases of goods or services from private contractors, or from other state agencies, by the Auditor General. Small purchase amounts exempt from advance notice or competitive bidding are set at less than $20,000 for professional or artistic services, $33,500 or less for other supplies and services (currently $25,000), and $40,100 or less for construction projects (currently $30,000). Contract awards and other information in the Auditor General's Procurement Bulletin must be retained, in electronic or paper form, for one year after initial publication. New provisions re made for reverse auctions, and prospective contractors are required to disclose any subcontractors. Vendors cannot be paid for any goods or services unless an underlying written contract has been signed by all necessary parties (this requirement currently does not apply to vendor sales under $5,000). Real estate leases cannot remain in "holdover" status for more than 6 months without being renewed or canceled. Annual sales thresholds below which prospective contractors qualify for small business preference are raised to $10 million for wholesale businesses (currently $7.5 million), $10 million for construction businesses (currently $3 million), and $6 million for retail businesses (currently $500,000). Other rulemaking provisions address information that must be maintained in all procurement contract files, requests for proposals, emergency purchases, public notice and hearing requirements for sole source procurement awards, types of products and services granted preference under the Procurement Code, conflicts of interest, and criteria which disqualify a vendor from bidding on or receiving a state contract.
Bottom Line: The Auditor General's procurement rules need to be updated to address changes in the Illinois Procurement Code, including Public Acts 96-795, 96-920 and 96-1444. Significant changes include: requiring all contract awards to be posted on the Auditor General Procurement Bulletin; requiring hearings for extensions to emergency purchases and for sole source contracts; strengthening requirements for contractors and subcontractors; requiring report of procurement communications; and making changes in contractor and subcontractor conflict of interest disclosures, financial disclosures and certifications. For questions or to submit comments, contact Rebecca Patton at 217/782-6698.