Bill Status of HB 238   100th General Assembly

Short Description:  LONG TERM CARE-ARBITRATION

House Sponsors
Rep. LaToya Greenwood-Kathleen Willis-Mary E. Flowers-Gregory Harris and Cynthia Soto

Senate Sponsors
(Sen. John J. Cullerton-Jacqueline Y. Collins-Mattie Hunter-Cristina Castro and David Koehler)


Last Action  View All Actions

DateChamber Action
  1/8/2019HouseSession Sine Die

Statutes Amended In Order of Appearance
210 ILCS 45/2-202.5 new
210 ILCS 46/2-202.5 new
210 ILCS 47/2-202.5 new
210 ILCS 49/3-101.5 new

Synopsis As Introduced
Amends the Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, and Specialized Mental Health Rehabilitation Act of 2013. Provides that a facility must not enter into a pre-dispute agreement for binding arbitration with any resident or consumer, or the resident's representative or consumer's guardian, nor require that a resident or consumer sign an arbitration agreement as a condition of admission to the facility. Provides that after a dispute arises, a facility may ask a resident or consumer, or his or her representative or guardian, to enter into an agreement for binding arbitration if the facility and agreement meets specified requirements.

House Committee Amendment No. 1
Adds an immediate effective date.

 Judicial Note (Admin Office of the Illinois Courts)
 This legislation would neither increase nor decrease the number of judges needed in the State.

 Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
 This legislation would neither increase nor decrease the number of judges needed in the State.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 This legislation does not create a State mandate.

 State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
 This legislation does not create a State mandate.

 Fiscal Note, House Committee Amendment No. 1 (Dept. of Public Health)
 HB 238 (H-AM 1) has minimal or no fiscal impact to the Illinois Department of Public Health.

Senate Floor Amendment No. 1
Deletes reference to:
210 ILCS 45/2-202.5 new
210 ILCS 46/2-202.5 new
210 ILCS 47/2-202.5 new
210 ILCS 49/3-101.5 new
Adds reference to:
20 ILCS 105/4.02from Ch. 23, par. 6104.02
20 ILCS 2405/3from Ch. 23, par. 3434
210 ILCS 45/3-402from Ch. 111 1/2, par. 4153-402
305 ILCS 5/5-5from Ch. 23, par. 5-5
305 ILCS 5/5-5.01a

Replaces everything after the enacting clause. Amends the Illinois Act on the Aging, the Disabled Persons Rehabilitation Act, and the Illinois Public Aid Code. Regarding services provided under the Community Care Program, the Home Services Program, the supportive living facilities program, and the nursing home prescreening project, provides that individuals with a score of 29 or higher based on the determination of need assessment tool shall be eligible to receive institutional and home and community-based long term care services until the State receives federal approval and implements an updated assessment tool, and those individuals are found to be ineligible under that updated assessment tool. Requires the Department on Aging, the Department of Human Services, and the Department of Healthcare and Family Services to adopt rules through the regular rulemaking process regarding the updated assessment tool, but prohibits those Departments from adopting emergency or peremptory rules regarding the updated assessment tool. Contains provisions concerning continued eligibility for persons made ineligible for services under the updated assessment tool. Further amends the Illinois Act on the Aging by prohibiting the Department on Aging from: (i) adopting any rule that restricts eligibility under the Community Care Program to persons who qualify for medical assistance under Article V of the Illinois Public Aid Code; or (ii) establishing, by rule, a separate program of home and community-based long term care services for persons who are otherwise eligible for services under the Community Care Program but who do not qualify for medical assistance under Article V of the Illinois Public Aid Code. Prohibits the Department from increasing copayment levels under the Community Care Program to the levels that were in effect on January 1, 2016, except to make an adjustment for inflation. Removes language that makes Medicaid enrollment or eligibility a condition of eligibility under the Community Care Program if the Auditor General has reported that the Department has failed to comply with certain reporting requirements under the Illinois State Auditing Act. Further amends the Illinois Public Aid Code by deleting a provision requiring the Department of Healthcare and Family Services to, subject to federal approval, on and after July 1, 2012, effectuate an increase in the determination of need scores from 29 to 37 for applicants for institutional and home and community-based long term care. Amends the Nursing Home Care Act. Provides that no individual receiving care in an institutional setting shall be involuntarily discharged as the result of the updated assessment tool until a transition plan has been developed by the Department on Aging or its designee and all care identified in the transition plan is available to the resident immediately upon discharge. Effective immediately.

Actions 
DateChamber Action
  12/15/2016HousePrefiled with Clerk by Rep. Mary E. Flowers
  1/11/2017HouseFirst Reading
  1/11/2017HouseReferred to Rules Committee
  1/25/2017HouseAssigned to Human Services Committee
  2/8/2017HouseAdded Chief Co-Sponsor Rep. LaToya Greenwood
  2/8/2017HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Mary E. Flowers
  2/8/2017HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/8/2017HouseAdded Chief Co-Sponsor Rep. Kathleen Willis
  2/14/2017HouseHouse Committee Amendment No. 1 Rules Refers to Human Services Committee
  2/23/2017HouseHouse Committee Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
  2/23/2017HouseDo Pass as Amended / Standard Debate Human Services Committee; 007-000-005
  2/23/2017HousePlaced on Calendar 2nd Reading - Standard Debate
  3/7/2017HouseHouse Committee Amendment No. 1 Fiscal Note Requested as Amended by Rep. Tom Demmer
  3/7/2017HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Requested as Amended by Rep. Tom Demmer
  3/7/2017HouseHouse Committee Amendment No. 1 Judicial Note Requested as Amended by Rep. Tom Demmer
  3/8/2017HouseJudicial Note Filed
  3/9/2017HouseHouse Committee Amendment No. 1 Judicial Note Filed as Amended
  3/9/2017HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/14/2017HouseState Mandates Fiscal Note Filed
  3/14/2017HouseHouse Committee Amendment No. 1 State Mandates Fiscal Note Filed as Amended
  3/14/2017HouseHouse Committee Amendment No. 1 Fiscal Note Filed as Amended
  3/15/2017HouseSecond Reading - Standard Debate
  3/15/2017HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  3/21/2017HouseThird Reading - Standard Debate - Passed 069-040-000
  3/22/2017SenateArrive in Senate
  3/22/2017SenatePlaced on Calendar Order of First Reading
  3/22/2017SenateChief Senate Sponsor Sen. Omar Aquino
  3/22/2017SenateFirst Reading
  3/22/2017SenateReferred to Assignments
  3/22/2017HouseAdded Chief Co-Sponsor Rep. Thomas M. Bennett
  3/24/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/25/2017SenateAssigned to Judiciary
  4/26/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Mattie Hunter
  4/26/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Cristina Castro
  4/27/2017SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  5/3/2017SenatePostponed - Judiciary
  5/9/2017SenatePostponed - Judiciary
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/16/2017SenatePostponed - Judiciary
  5/19/2017SenateRule 2-10 Committee Deadline Established As May 26, 2017
  5/22/2017SenatePostponed - Judiciary
  5/26/2017SenateRule 3-9(a) / Re-referred to Assignments
  5/30/2017SenateAlternate Chief Sponsor Changed to Sen. Daniel Biss
  5/30/2017SenateApproved for Consideration Assignments
  5/30/2017SenatePlaced on Calendar Order of 2nd Reading
  5/30/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/30/2017SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. Daniel Biss
  5/30/2017SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/30/2017SenateSecond Reading
  5/30/2017SenatePlaced on Calendar Order of 3rd Reading May 31, 2017
  5/31/2017SenateSenate Floor Amendment No. 1 Be Approved for Consideration Assignments
  5/31/2017SenateRecalled to Second Reading
  5/31/2017SenateSenate Floor Amendment No. 1 Adopted; Biss
  5/31/2017SenatePlaced on Calendar Order of 3rd Reading
  5/31/2017SenateThird Reading - Passed; 032-021-000
  5/31/2017HouseArrived in House
  5/31/2017HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1
  5/31/2017HouseRemove Chief Co-Sponsor Rep. LaToya Greenwood
  5/31/2017HouseChief Sponsor Changed to Rep. LaToya Greenwood
  6/8/2017HouseRemove Chief Co-Sponsor Rep. Thomas M. Bennett
  6/23/2017HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. LaToya Greenwood
  6/23/2017HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  6/23/2017HouseAdded Chief Co-Sponsor Rep. Gregory Harris
  6/23/2017HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  6/23/2017HouseChief Co-Sponsor Changed to Rep. Mary E. Flowers
  6/23/2017HouseChief Co-Sponsor Changed to Rep. Gregory Harris
  6/29/2017HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Human Services Committee
  6/30/2017HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Human Services Committee; 007-004-000
  9/28/2017HouseRule 19(b) / Re-referred to Rules Committee
  1/6/2019SenateAlternate Chief Sponsor Changed to Sen. John J. Cullerton
  1/8/2019HouseSession Sine Die

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