Rep. Jack McGuire
Filed: 03/31/04
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1 | AMENDMENT TO HOUSE BILL 4837
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2 | AMENDMENT NO. ______. Amend House Bill 4837, AS AMENDED, | ||||||
3 | with reference to page and line numbers of House Amendment No. | ||||||
4 | 1, as follows:
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5 | on page 2, immediately below line 19, by inserting the | ||||||
6 | following: | ||||||
7 | " (e) Before January 1, 2008, the Department, in | ||||||
8 | consultation with the Assisted Living and Shared Housing | ||||||
9 | Advisory Board, must report to the General Assembly on the | ||||||
10 | results of the demonstration project. The report must include, | ||||||
11 | without limitation, any recommendations for changes or | ||||||
12 | improvements, including changes or improvements in the | ||||||
13 | administration of the program and an evaluation. | ||||||
14 | |||||||
15 | Section 10. The Assisted Living and Shared Housing Act is | ||||||
16 | amended by changing Sections 90 and 140 as follows:
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17 | (210 ILCS 9/90)
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18 | Sec. 90. Contents of service delivery contract. A contract | ||||||
19 | between an
establishment and a resident must be entitled | ||||||
20 | "assisted living
establishment
contract" or "shared housing | ||||||
21 | establishment contract" as applicable, shall be
printed in no | ||||||
22 | less
than 12 point type, and shall include at least the | ||||||
23 | following elements in the
body or through
supporting documents | ||||||
24 | or attachments:
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1 | (1) the name, street address, and mailing address of | ||||||
2 | the establishment;
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3 | (2) the name and mailing address of the owner or owners | ||||||
4 | of the
establishment and, if
the owner or owners are not | ||||||
5 | natural persons, the type of business entity of the
owner
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6 | or owners;
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7 | (3) the name and mailing address of the managing agent | ||||||
8 | of the
establishment, whether
hired under a management | ||||||
9 | agreement or lease agreement, if the managing agent is
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10 | different from the owner or owners;
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11 | (4) the name and address of at least one natural person | ||||||
12 | who is authorized
to accept
service on behalf of the owners | ||||||
13 | and managing agent;
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14 | (5) a statement describing the license status of the | ||||||
15 | establishment and the
license status
of all providers of | ||||||
16 | health-related or supportive services to a resident under
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17 | arrangement with the establishment;
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18 | (6) the duration of the contract;
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19 | (7) the base rate to be paid by the resident and a | ||||||
20 | description of the
services to be
provided as part of this | ||||||
21 | rate;
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22 | (8) a description of any additional services to be | ||||||
23 | provided for an
additional fee by the
establishment | ||||||
24 | directly or by a third party provider under arrangement | ||||||
25 | with the
establishment;
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26 | (9) the fee schedules outlining the cost of any | ||||||
27 | additional services;
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28 | (10) a description of the process through which the | ||||||
29 | contract may be
modified, amended,
or terminated;
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30 | (11) a description of the establishment's complaint | ||||||
31 | resolution process
available to
residents and notice of the | ||||||
32 | availability of the Department on Aging's Senior
Helpline
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33 | for
complaints;
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34 | (12) the name of the resident's designated |
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1 | representative, if any;
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2 | (13) the resident's obligations in order to maintain | ||||||
3 | residency and
receive
services including compliance with | ||||||
4 | all assessments required under Section 15;
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5 | (14) the billing and payment procedures and | ||||||
6 | requirements;
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7 | (15) a statement affirming the resident's freedom to | ||||||
8 | receive services from
service
providers with whom the | ||||||
9 | establishment does not have a contractual arrangement,
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10 | which may also disclaim liability on the part of the
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11 | establishment for those services;
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12 | (16) a statement that medical assistance under Article | ||||||
13 | V or Article VI of
the Illinois
Public Aid Code is not | ||||||
14 | available for payment for services provided in an
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15 | establishment , excluding contracts executed with residents | ||||||
16 | residing in licensed establishments participating in the | ||||||
17 | Department on Aging's Comprehensive Care in Residential | ||||||
18 | Settings Demonstration Project ;
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19 | (17) a statement detailing the admission, risk | ||||||
20 | management, and residency
termination
criteria and | ||||||
21 | procedures;
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22 | (18) a statement listing the rights specified in | ||||||
23 | Section 95 and
acknowledging that, by contracting with the | ||||||
24 | assisted
living or shared
housing establishment, the | ||||||
25 | resident does not forfeit those rights; and
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26 | (19) a statement detailing the Department's annual | ||||||
27 | on-site review process
including
what documents contained | ||||||
28 | in a resident's personal file shall be reviewed by
the | ||||||
29 | on-site reviewer as defined by rule.
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30 | (Source: P.A. 91-656, eff. 1-1-01.)
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31 | (210 ILCS 9/140)
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32 | Sec. 140. State and private funding. Nothing in this Act | ||||||
33 | shall:
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1 | (1) require or authorize the State agency responsible | ||||||
2 | for the
administration
of the medical
assistance program | ||||||
3 | established under Article V and Article VI of the Illinois
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4 | Public Aid
Code to approve, supply, or cover services | ||||||
5 | provided in an assisted living or
shared housing
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6 | establishment , with the exception of licensed facilities | ||||||
7 | that participate in the Department on Aging's | ||||||
8 | Comprehensive Care in Residential Settings Demonstration | ||||||
9 | Project, which may be covered under provisions of the | ||||||
10 | Illinois Public Aid Code ;
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11 | (2) require an agency or a managed care organization to | ||||||
12 | approve, supply,
or
cover services
provided in an assisted | ||||||
13 | living or shared housing establishment; or
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14 | (3) require any other third party payer to approve, | ||||||
15 | supply or cover
medically necessary home
care services | ||||||
16 | provided in an assisted living establishment.
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17 | (Source: P.A. 91-656, eff. 1-1-01.)"; and
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18 | on page 2, line 21, by changing "10." to "90.".
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