§ 3-805

(a) The Department shall conduct a pilot project to examine, study and contrast the Joint Commission on the Accreditation of Health Care Organizations ("Commission") accreditation review process with the current regulations and licensure surveys process conducted by the Department for long-term care facilities. This pilot project will enable qualified facilities to apply for participation in the project, in which surveys completed by the Commission are accepted by the Department in lieu of inspections required by this Act, as provided in subsection (b) of this Section. It is intended that this pilot project shall commence on January 1, 1990, and shall conclude on December 31, 2000, with a final report to be submitted to the Governor and the General Assembly by June 30, 2001. (b) (1) In lieu of conducting an inspection for license renewal under this Act, the Department may accept from a facility that is accredited by the Commission under the Commission's long-term care standards the facility's most recent annual accreditation review by the Commission. In addition to such review, the facility shall submit any fee or other license renewal report or information required by law. The Department may accept such review for so long as the Commission maintains an annual inspection or review program. If the Commission does not conduct an on-site annual inspection or review, the Department shall conduct an inspection as otherwise required by this Act. If the Department determines that an annual on-site inspection or review conducted by the Commission does not meet minimum standards set by the Department, the Department shall not accept the Commission's accreditation review and shall conduct an inspection as otherwise required by this Act. The Department shall establish procedures applicable to the pilot project conducted pursuant to this Section. The procedures shall provide for a review of the Commission's survey findings that may be Type "A" or Type "B" violations under this Act requiring immediate correction, the taking of necessary and appropriate action to determine whether such violations exist, and steps to effect corrective action in cooperation with the Commission, or otherwise under this Act, as may be necessary. The Department shall also establish procedures to require the Commission to immediately report to the Department any survey finding that constitutes a condition or occurrence relating to the operation and maintenance of a facility which presents a substantial probability that death or serious mental or physical harm to a resident will result therefrom, so as to enable the Department to take necessary and appropriate action under this Act. (2) This subsection (b) does not limit the Department in performing any inspections or other duties authorized by this Act, or under any contract relating to the medical assistance program administered by the Department of Healthcare and Family Services, or under Title XVIII or Title XIX of the Social Security Act. (3) No facility shall be required to obtain accreditation from the Commission. (c) Participation in the pilot project shall be limited to facilities selected at random by the Director, provided that: (1) facilities shall apply to the Director for selection to participate; (2) facilities which are currently accredited by the Commission may apply to participate; (3) any facility not accredited by the Commission at the time of application to participate in the pilot project shall apply for such accreditation; (4) the number of facilities so selected shall be no greater than 15% of the total number of long-term care facilities licensed under this Act; (5) the number of facilities so selected shall be divided equally between facilities having fewer than 100 beds and facilities having 100 or more beds; (6) facilities so selected shall have been licensed for more than 2 years and shall not have been issued a conditional license within 2 years before applying for participation in the pilot project; and (7) no facilities so selected shall have been issued a notice of a Type "A" violation within one year before applying for participation in the pilot project. (d) Inspections and surveys conducted by the Commission under the pilot project for initial or continued accreditation shall not be announced in advance to the facility being inspected or surveyed, and shall provide for participation in the inspection or survey process by residents of the facility and the public. (e) With respect to any facility accredited by the Commission, the Commission shall submit to the Department copies of: (1) the accreditation award letter; (2) the accreditation report, including recommendations and comments by the Commission; and (3) any correspondence directly related to the accreditation. (f) No facility which is denied initial or continued accreditation by the Commission shall participate in the pilot project. (g) The Director shall meet at least once every 6 months with the director of the Commission's long-term care facility accreditation program to review, coordinate and modify as necessary the services performed by the Commission under the pilot project. On or before June 30, 1993, the Director shall submit to the Governor and to the General Assembly a report evaluating the pilot project and making any recommendations deemed necessary. (h) This Section does not limit the Department in performing any inspections or other duties authorized by this Act, or under any contract relating to the medical assistance program administered by the Department of Healthcare and Family Services, or under Title XVIII or Title XIX of the Social Security Act.

Legislative History

(Source: P.A. 95-331, eff. 8-21-07.)