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HB 3171

Relating to county energy resilience plans; declaring an emergency.

2025 Regular Session Introduced by Tom Andersen and 3 co-sponsors

The bill tightens how nursing homes calculate and enforce minimum staffing, using quarterly PBJ data to measure compliance and largely eliminating penalty waivers except for small

In committee upon adjournment.
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Bill Summary · HB 3171

Summary — HB 3171 (Staffing Ratio Notice & Waiver)

Status: Introduced Feb 18–21, 2025; passed the House (May 16, 2025); referred and re‑referred under Rule 19(a) to Rules Committee. Companion: SB 777.

Purpose

To revise enforcement and notice rules tied to minimum nursing home staffing requirements in the Illinois Nursing Home Care Act, including how monetary penalties are calculated and when penalties can be waived or not imposed.

Key provisions

  • Amends Sections 3-202.05 and 3-209 of the Nursing Home Care Act.
  • Staffing categories counted toward direct care ratios explicitly include: registered nurses (RNs), licensed practical nurses (LPNs), certified nurse assistants (CNAs), psychiatric services rehabilitation aides and coordinators, rehabilitation/therapy aides, assistant directors of nursing, 50% of the Director of Nurses’ time, and 30% of the Social Services Director’s time. The Department may by rule allow other specialized clinical staff for certain facilities to count toward ratios.
  • Resident classification: all residents are classified as either “skilled care” or “intermediate care” for purposes of minimum staffing.
  • Minimum daily staffing standards (already in statute and reflected here): effective Jan 1, 2014 — 3.8 hours per resident per day for skilled care; 2.5 hours per resident per day for intermediate care. At least 25% of nursing and personal care time must be provided by licensed nurses, with at least 10% provided by RNs.
  • Compliance measurement: the Department will determine compliance quarterly by comparing facility self-reported census (skilled vs intermediate) with the payroll‑based journal (PBJ) data; rules will address job title discrepancies and align PBJ submission requirements with federal CMS guidance.
  • Monetary penalties:
    • Calculation basis changed from a daily basis to a quarterly basis (penalties established using quarterly data).
    • Monetary penalties generally may not be waived.
    • Exception: if a facility’s deviation from staffing requirements is no more than 10%, the facility shall not receive a penalty (i.e., no penalty for deviations ≤10%).
  • Notice/display requirement: the bill modifies requirements regarding the notice a facility receiving a minimum‑staffing violation must display (text indicates changes but does not provide the full display format in the excerpt).
  • Effective immediately (the Act specifies immediate effect).

Who is affected

  • Nursing homes and other long‑term care facilities licensed under the Nursing Home Care Act, including facilities defined as Institutions for Mental Disease or licensed under the Specialized Mental Health Rehabilitation Act where specialized staffing rules apply.
  • Facility staff categories used to meet ratios (RNs, LPNs, CNAs, aides, directors).
  • The Illinois Department responsible for promulgating rules and enforcing compliance (uses PBJ data).

Enforcement timeline and procedural notes

  • The statutory text refers to rulemaking deadlines and compliance implementation milestones (some dates reflect earlier legislative changes); the bill directs the Department to use quarterly PBJ and census reporting for enforcement and to adopt associated rules.
  • The bill sets the enforcement posture toward earlier Jan 2025 compliance and monetary penalty imposition no later than July 1, 2025 in prior related text; readers should consult enacted statute or Department rules for final effective/enforcement dates and operational guidance.

Legislative status highlights

  • Introduced in Feb 2025 by Rep. Yolonda Morris.
  • Committee hearings and amendments occurred in spring 2025; reported favorably and passed the House in May 2025.
  • Referred to Rules Committee (Rule 19(a)) and has companion SB 777 in the Senate.

Note: This summary highlights changes reflected in the bill text provided. For operational details (exact notice/display requirements, final penalty formulas, and rulemaking dates), see the final enacted language and Department rulemaking when available.

Compiled from official sources — confirm details with the bill’s official record.

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