Rep. Jack McGuire
Filed: 3/29/2004
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4837 




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    AMENDMENT NO. ______. Amend House Bill 4837, AS AMENDED, 
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with reference to page and line numbers of House Amendment No. 
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1, as follows:

 
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on page 2, immediately below line 19, by inserting the 
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following:
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    (e) Before January 1, 2008, the Department, in consultation 
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with the Assisted Living and Shared Housing Advisory Board, 
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must report to the General Assembly on the results of the 
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demonstration project. The report must include, without 
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limitation, any recommendations for changes or improvements, 
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including changes or improvements in the administration of the 
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program.
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    Section 10. The Assisted Living and Shared Housing Act is 
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amended by changing Sections 90 and 140 as follows:
 



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    (210 ILCS 9/90)


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    Sec. 90. Contents of service delivery contract. A contract 
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between an
establishment and a resident must be entitled 
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"assisted living
establishment
contract" or "shared housing  
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establishment contract" as applicable, shall be
printed in no 
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less
than 12 point type, and shall include at least the 
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following elements in the
body or through
supporting documents 
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or attachments:


 


 






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        (1) the name, street address, and mailing address of 
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the establishment;


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        (2) the name and mailing address of the owner or owners 
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of the
establishment and, if
the owner or owners are not 
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natural persons, the type of business entity of the
owner

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or owners;


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        (3) the name and mailing address of the managing agent 
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of the
establishment, whether
hired under a management 
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agreement or lease agreement, if the managing agent is

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different from the owner or owners;


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        (4) the name and address of at least one natural person 
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who is authorized
to accept
service on behalf of the owners 
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and managing agent;


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        (5) a statement describing the license status of the 
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establishment and the
license status
of all providers of 
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health-related or supportive services to a resident under

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arrangement with the establishment;


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        (6) the duration of the contract;


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        (7) the base rate to be paid by the resident and a 
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description of the
services to be
provided as part of this 
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rate;


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        (8) a description of any additional services to be 
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provided for an
additional fee by the
establishment 
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directly or by a third party provider under arrangement 
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with the
establishment;


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        (9) the fee schedules outlining the cost of any 
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additional services;


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        (10) a description of the process through which the 
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contract may be
modified, amended,
or terminated;


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        (11) a description of the establishment's complaint  
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resolution process
available to
residents and notice of the  
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availability of the Department on Aging's Senior
Helpline

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for
complaints;


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        (12) the name of the resident's designated 
 


 






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representative, if any;


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        (13) the resident's obligations in order to maintain  
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residency and
receive
services including compliance with 
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all assessments required under Section 15;


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        (14) the billing and payment procedures and 
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requirements;


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        (15) a statement affirming the resident's freedom to 
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receive services from
service
providers with whom the  
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establishment does not have a contractual arrangement,

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which  may also disclaim liability on the part of the

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establishment for those services;


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        (16) a statement that medical assistance under Article 
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V  or Article VI of
the Illinois
Public Aid Code is not  
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available for payment for services provided in an

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establishment, excluding contracts executed with residents 
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residing in licensed establishments participating in the 
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Department on Aging's Comprehensive Care in Residential 
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Settings Demonstration Project;


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        (17) a statement detailing the admission, risk  
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management, and residency
termination
criteria and 
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procedures;


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        (18) a statement listing the rights specified in 
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Section 95 and
acknowledging that, by contracting with  the 
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assisted
living or shared
housing establishment, the  
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resident does not forfeit those rights; and


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        (19) a statement detailing the Department's annual 
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on-site review process
including
what documents contained 
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in a resident's personal file shall be reviewed by
the 
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on-site reviewer as defined by rule.

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(Source: P.A. 91-656, eff. 1-1-01.)

 



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    (210 ILCS 9/140)


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    Sec. 140. State and private funding. Nothing in this  Act 
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shall:


 


 






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        (1) require or authorize the State agency responsible  
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for the
administration
of the medical
assistance program  
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established under Article V and Article VI of the Illinois

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Public Aid
Code to approve, supply, or cover services 
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provided in an assisted living or
shared housing

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establishment, with the exception of licensed facilities 
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that participate in the Department on Aging's 
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Comprehensive Care in Residential Settings Demonstration 
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Project, which may be covered under provisions of the 
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Illinois Public Aid Code;


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        (2) require an agency or a managed care organization  to 
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approve, supply,
or
cover services
provided in an assisted  
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living or shared housing establishment; or


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        (3) require any other third party payer to approve,  
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supply or cover
medically necessary home
care services  
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provided in an assisted living establishment. 

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(Source: P.A. 91-656, eff. 1-1-01.)"; and




 
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on page 2, line 21, by changing "10." to "90.".