HB0238 100TH GENERAL ASSEMBLY

LRB100 00066 MJP 10070 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0238

Introduced 1/11/2017___________, by

SYNOPSIS AS INTRODUCED:

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

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.

A BILL FOR

AN ACT concerning regulation.

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 adding Section 2-202.5 as follows:

(210 ILCS 45/2-202.5 new)

Sec. 2-202.5. Binding arbitration agreements.

(a) A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident's representative nor require that a resident sign an arbitration agreement as a condition of admission to the facility.

(b) If, after a dispute between a facility and a resident arises, and the facility chooses to ask a resident or his or her representative to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this subsection.

(1) The facility must ensure that:

(A) the agreement is explained to the resident and his or her representative in a form and manner that he or she understands, including in a language the resident and his or her representative understands; and

(B) the resident acknowledges that he or she understands the agreement.

(2) The agreement must:

(A) be entered into by the resident voluntarily;

(B) provide for the selection of a neutral arbitrator agreed upon by both parties; and

(C) provide for selection of a venue convenient to both parties.

(3) A resident's continuing right to remain in the facility must not be contingent upon the resident or the resident's representative signing a binding arbitration agreement.

(4) The agreement must not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, State, or local officials, including, but not limited to, federal and State surveyors, other federal or State health department employees, and representatives of the Office of State Long Term Care Ombudsman, in accordance with 42 CFR 483.10(k).

(5) The agreement may be signed by another individual if:

(A) allowed by State law;

(B) all of the requirements in this subsection are met; and

(C) that individual has no interest in the facility.

(6) When the facility and a resident resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator's final decision must be retained by the facility for 5 years and be available for inspection upon request by the Centers for Medicare and Medicaid Services or its designee.

Section 10. The MC/DD Act is amended by adding Section 2-202.5 as follows:

(210 ILCS 46/2-202.5 new)

Sec. 2-202.5. Binding arbitration agreements.

(a) A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident's representative nor require that a resident sign an arbitration agreement as a condition of admission to the facility.

(b) If, after a dispute between a facility and a resident arises, and the facility chooses to ask a resident or his or her representative to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this subsection.

(1) The facility must ensure that:

(A) the agreement is explained to the resident and his or her representative in a form and manner that he or she understands, including in a language the resident and his or her representative understands; and

(B) the resident acknowledges that he or she understands the agreement.

(2) The agreement must:

(A) be entered into by the resident voluntarily;

(B) provide for the selection of a neutral arbitrator agreed upon by both parties; and

(C) provide for selection of a venue convenient to both parties.

(3) A resident's continuing right to remain in the facility must not be contingent upon the resident or the resident's representative signing a binding arbitration agreement.

(4) The agreement must not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, State, or local officials, including, but not limited to, federal and State surveyors, other federal or State health department employees, and representatives of the Office of State Long Term Care Ombudsman, in accordance with 42 CFR 483.10(k).

(5) The agreement may be signed by another individual if:

(A) allowed by State law;

(B) all of the requirements in this subsection are met; and

(C) that individual has no interest in the facility.

(6) When the facility and a resident resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator's final decision must be retained by the facility for 5 years and be available for inspection upon request by the Centers for Medicare and Medicaid Services or its designee.

Section 15. The ID/DD Community Care Act is amended by adding Section 2-202.5 as follows:

(210 ILCS 47/2-202.5 new)

Sec. 2-202.5. Binding arbitration agreements.

(a) A facility must not enter into a pre-dispute agreement for binding arbitration with any resident or resident's representative nor require that a resident sign an arbitration agreement as a condition of admission to the facility.

(b) If, after a dispute between a facility and a resident arises, and the facility chooses to ask a resident or his or her representative to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this subsection.

(1) The facility must ensure that:

(A) the agreement is explained to the resident and his or her representative in a form and manner that he or she understands, including in a language the resident and his or her representative understands; and

(B) the resident acknowledges that he or she understands the agreement.

(2) The agreement must:

(A) be entered into by the resident voluntarily;

(B) provide for the selection of a neutral arbitrator agreed upon by both parties; and

(C) provide for selection of a venue convenient to both parties.

(3) A resident's continuing right to remain in the facility must not be contingent upon the resident or the resident's representative signing a binding arbitration agreement.

(4) The agreement must not contain any language that prohibits or discourages the resident or anyone else from communicating with federal, State, or local officials, including, but not limited to, federal and State surveyors, other federal or State health department employees, and representatives of the Office of State Long Term Care Ombudsman, in accordance with 42 CFR 483.10(k).

(5) The agreement may be signed by another individual if:

(A) allowed by State law;

(B) all of the requirements in this subsection are met; and

(C) that individual has no interest in the facility.

(6) When the facility and a resident resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator's final decision must be retained by the facility for 5 years and be available for inspection upon request by the Centers for Medicare and Medicaid Services or its designee.

Section 20. The Specialized Mental Health Rehabilitation Act of 2013 is amended by adding Section 3-101.5 as follows:

(210 ILCS 49/3-101.5 new)

Sec. 3-101.5. Binding arbitration agreements.

(a) A facility must not enter into a pre-dispute agreement for binding arbitration with any consumer or consumer's guardian nor require that a consumer sign an arbitration agreement as a condition of admission to the facility.

(b) If, after a dispute between a facility and a consumer arises, and the facility chooses to ask a consumer or his or her guardian to enter into an agreement for binding arbitration, the facility must comply with all of the requirements in this subsection.

(1) The facility must ensure that:

(A) the agreement is explained to the consumer and his or her guardian in a form and manner that he or she understands, including in a language the consumer and his or her guardian understands; and

(B) the consumer acknowledges that he or she understands the agreement.

(2) The agreement must:

(A) be entered into by the consumer voluntarily;

(B) provide for the selection of a neutral arbitrator agreed upon by both parties; and

(C) provide for selection of a venue convenient to both parties.

(3) A consumer's continuing right to remain in the facility must not be contingent upon the consumer or the consumer's guardian signing a binding arbitration agreement.

(4) The agreement must not contain any language that prohibits or discourages the consumer or anyone else from communicating with federal, State, or local officials, including, but not limited to, federal and State surveyors, other federal or State health department employees, and representatives of the Office of State Long Term Care Ombudsman, in accordance with 42 CFR 483.10(k).

(5) The agreement may be signed by another individual if:

(A) allowed by State law;

(B) all of the requirements in this subsection are met; and

(C) that individual has no interest in the facility.

(6) When the facility and a consumer resolve a dispute with arbitration, a copy of the signed agreement for binding arbitration and the arbitrator's final decision must be retained by the facility for 5 years and be available for inspection upon request by the Centers for Medicare and Medicaid Services or its designee.