Public Act 097-0820
 
SB2574 EnrolledLRB097 14483 KTG 59337 b


  
    AN ACT concerning public aid.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. The Nursing Home Care Act is amended by changing 
Section 3-405 as follows:
 



    (210 ILCS 45/3-405)  (from Ch. 111 1/2, par. 4153-405)



    Sec. 3-405. A copy of the notice required by Section 3-402 
shall be placed
in the resident's clinical record and a copy 
shall be transmitted to the
Department, the resident, and the 
resident's representative, and, if the resident's
care is paid 
for in whole or part through Title XIX, the
Department of 
Healthcare and Family Services.

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

 
    Section 10. The ID/DD Community Care Act is amended by 
changing Section 3-405 as follows:
 
    (210 ILCS 47/3-405)

    Sec. 3-405. Copy of notice in resident's record; copy to 
Department. A copy of the notice required by Section 3-402 
shall be placed in the resident's clinical record and a copy 
shall be transmitted to the Department, the resident, and the 
resident's representative, and, if the resident's care is paid 
for in whole or part through Title XIX, the Department of 
Healthcare and Family Services.

(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 15. The Illinois Public Aid Code is amended  by 
changing Section 5-1.1 as follows:
 



    (305 ILCS 5/5-1.1)  (from Ch. 23, par. 5-1.1)



    Sec. 5-1.1. Definitions. The terms defined in this Section

shall have the meanings ascribed to them, except when the

context otherwise requires.

    (a) "Nursing facility" means a facility, licensed by the 
Department of Public Health under the Nursing Home Care Act, 
that provides nursing facility services within the meaning of 
Title XIX of
the federal Social Security Act.

    (b) "Intermediate care facility for the developmentally 
disabled" or "ICF/DD" means a facility, licensed by the 
Department of Public Health under the ID/DD Community Care Act, 
that is an intermediate care facility for the mentally retarded 
within the meaning of Title XIX
of the federal Social Security 
Act.

    (c) "Standard services" means those services required for

the care of all patients in the facility and shall, as a

minimum, include the following:  (1) administration; (2)

dietary (standard); (3) housekeeping; (4) laundry and linen;

(5) maintenance of property and equipment, including 
utilities;
(6) medical records; (7) training of employees; (8) 
utilization
review; (9) activities services; (10) social 
services; (11)
disability services; and all other similar 
services required
by either the laws of the State of Illinois 
or one of its
political subdivisions or municipalities or by 
Title XIX of
the Social Security Act.

    (d) "Patient services" means those which vary with the

number of personnel; professional and para-professional
skills 
of the personnel; specialized equipment, and reflect
the 
intensity of the medical and psycho-social needs of the

patients.  Patient services shall as a minimum include:
(1) 
physical services; (2) nursing services, including
restorative 
nursing; (3) medical direction and patient care
planning; (4) 
health related supportive and habilitative
services and all 
similar services required by either the
laws of the State of 
Illinois or one of its political
subdivisions or municipalities 
or by Title XIX of the
Social Security Act.

    (e) "Ancillary services" means those services which

require a specific physician's order and defined as under
the 
medical assistance program as not being routine in
nature for 
skilled nursing facilities and ICF/DDs.
Such services 
generally must be authorized prior to delivery
and payment as 
provided for under the rules of the Department
of Healthcare 
and Family Services.

    (f) "Capital" means the investment in a facility's assets

for both debt and non-debt funds.  Non-debt capital is the

difference between an adjusted replacement value of the assets

and the actual amount of debt capital.

    (g) "Profit" means the amount which shall accrue to a

facility as a result of its revenues exceeding its expenses
as 
determined in accordance with generally accepted accounting

principles.

    (h) "Non-institutional services" means those services 
provided under
paragraph (f) of Section 3 of the Disabled 
Persons Rehabilitation Act and those services provided under 
Section 4.02 of the Illinois Act on the Aging.

    (i) (Blank) "Exceptional medical care" means the level of 
medical care
required by persons who are medically stable for 
discharge from a hospital
but who require acute intensity 
hospital level care for physician,
nurse and ancillary 
specialist services, including persons with acquired

immunodeficiency syndrome (AIDS) or a related condition.
Such 
care shall consist of those services which the Department shall 
determine
by rule.

    (j) "Institutionalized person" means an individual who is 
an inpatient
in an ICF/DD or nursing facility, or who is an 
inpatient in
a medical
institution receiving a level of care 
equivalent to that of an ICF/DD or nursing facility, or who is 
receiving services under
Section 1915(c) of the Social Security 
Act.

    (k) "Institutionalized spouse" means an institutionalized 
person who is
expected to receive services at the same level of 
care for at least 30 days
and is married to a spouse who is not 
an institutionalized person.

    (l) "Community spouse" is the spouse of an 
institutionalized spouse.

(Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12.)

 
    (305 ILCS 5/12-10.8 rep.)
    (305 ILCS 5/12-10.9 rep.)
    Section 20. The Illinois Public Aid Code is amended  by 
repealing Sections 12-10.8 and 12-10.9.
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.