Public Act 098-0255
 
HB2765 EnrolledLRB098 03998 KTG 34931 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 Illinois Act on the Aging is amended by
changing Section 4.03 as follows:
 
    (20 ILCS 105/4.03)  (from Ch. 23, par. 6104.03)
    Sec. 4.03. The Department on Aging, in cooperation with the
Department of Human Services and any other appropriate State,
local or federal agency, shall, without regard to income
guidelines, establish a nursing home prescreening program to
determine whether Alzheimer's Disease and related disorders
victims, and persons who are deemed as blind or disabled as
defined by the Social Security Act and who are in need of long
term care, may be satisfactorily cared for in their homes
through the use of home and community based services.
Responsibility for prescreening shall be vested with case
coordination units. Prescreening shall occur: (i) when
hospital discharge planners have advised the case coordination
unit of the imminent risk of nursing home placement of a
patient who meets the above criteria and in advance of
discharge of the patient; or (ii) when a case coordination unit
has been advised of the imminent risk of nursing home placement
of an individual in the community. The individual who is
prescreened shall be informed of all appropriate options,
including placement in a nursing home and the availability of
in-home and community-based services and shall be advised of
her or his right to refuse nursing home, in-home,
community-based, or all services. In addition, the individual
being prescreened shall be informed of spousal impoverishment
requirements, the need to submit financial information to
access services, and the consequences for failure to do so in a
form and manner developed jointly by the Department on Aging,
the Department of Human Services, and the Department of
Healthcare and Family Services. Case coordination units under
contract with the Department may charge a fee for the
prescreening provided under this Section and the fee shall be
no greater than the cost of such services to the case
coordination unit. At the time of each prescreening, case
coordination units shall provide information regarding the
Office of State Long Term Care Ombudsman's Residents Right to
Know database as authorized in subsection (c-5) of Section
4.04.
(Source: P.A. 95-80, eff. 8-13-07; 95-823, eff. 1-1-09; 96-328,
eff. 8-11-09.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.