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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 2. The Illinois Act on the Aging is amended by | ||||||
5 | changing Section 4.03 as follows:
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6 | (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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7 | Sec. 4.03. The Department on Aging, in cooperation with the | ||||||
8 | Department of
Human Services and any other appropriate State, | ||||||
9 | local or
federal agency, shall, without regard to income | ||||||
10 | guidelines, establish a
nursing home prescreening program to | ||||||
11 | determine whether Alzheimer's Disease
and related disorders | ||||||
12 | victims, and persons who are deemed as blind or
disabled as | ||||||
13 | defined by the Social Security Act and who are in need of long
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14 | term care, may be satisfactorily cared for in their homes | ||||||
15 | through the use
of home and community based services. | ||||||
16 | Responsibility for prescreening shall be vested with case | ||||||
17 | coordination units.
Prescreening shall occur: (i) when | ||||||
18 | hospital discharge planners have advised the case coordination | ||||||
19 | unit of the imminent risk of nursing home placement of a | ||||||
20 | patient who meets the above criteria and in advance of | ||||||
21 | discharge of the patient; or (ii) when a case coordination unit | ||||||
22 | has been advised of the imminent risk of nursing home placement | ||||||
23 | of an individual in the community. The individual who is |
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1 | prescreened shall be informed of all appropriate options, | ||||||
2 | including placement in a nursing home and the availability of | ||||||
3 | in-home and community-based services and shall be advised of | ||||||
4 | her or his right to refuse nursing home, in-home, | ||||||
5 | community-based, or all services. Case coordination units | ||||||
6 | under
contract with the Department may charge a fee for the | ||||||
7 | prescreening provided
under this Section and the fee shall be | ||||||
8 | no greater than the cost of such
services to the case | ||||||
9 | coordination unit.
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10 | (Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
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11 | Section 5. The Hospital Licensing Act is amended by | ||||||
12 | changing Section 6.09 as follows:
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13 | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
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14 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
15 | transition of aged
and disabled patients from hospitals to | ||||||
16 | post-hospital care, whenever a
patient who qualifies for the
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17 | federal Medicare program is hospitalized, the patient shall be | ||||||
18 | notified
of discharge at least
24 hours prior to discharge from
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19 | the hospital. With regard to pending discharges to a skilled | ||||||
20 | nursing facility , the hospital must notify the case | ||||||
21 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | ||||||
22 | least 24 hours prior to discharge or , if home health services | ||||||
23 | are ordered, the hospital must inform its designated case | ||||||
24 | coordination unit, as defined in 89 Ill. Adm. Code 240.260, of |
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1 | the pending discharge and must provide the patient with the | ||||||
2 | case coordination unit's telephone number and other contact | ||||||
3 | information.
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4 | (b) Every hospital shall develop procedures for a physician | ||||||
5 | with medical
staff privileges at the hospital or any | ||||||
6 | appropriate medical staff member to
provide the discharge | ||||||
7 | notice prescribed in subsection (a) of this Section. The | ||||||
8 | procedures must include prohibitions against discharging or | ||||||
9 | referring a patient to any of the following if unlicensed, | ||||||
10 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
11 | defined in the Board and Care Home Registration Act; (ii) an | ||||||
12 | assisted living and shared housing establishment, as defined in | ||||||
13 | the Assisted Living and Shared Housing Act; (iii) a facility | ||||||
14 | licensed under the Nursing Home Care Act; (iv) a supportive | ||||||
15 | living facility, as defined in Section 5-5.01a of the Illinois | ||||||
16 | Public Aid Code; or (v) a free-standing hospice facility | ||||||
17 | licensed under the Hospice Program Licensing Act if licensure, | ||||||
18 | certification, or registration is required. The Department of | ||||||
19 | Public Health shall annually provide hospitals with a list of | ||||||
20 | licensed, certified, or registered board and care facilities, | ||||||
21 | assisted living and shared housing establishments, nursing | ||||||
22 | homes, supportive living facilities, and hospice facilities. | ||||||
23 | Reliance upon this list by a hospital shall satisfy compliance | ||||||
24 | with this requirement.
The procedure may also include a waiver | ||||||
25 | for any case in which a discharge
notice is not feasible due to | ||||||
26 | a short length of stay in the hospital by the patient,
or for |
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1 | any case in which the patient voluntarily desires to leave the
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2 | hospital before the expiration of the
24 hour period.
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3 | (c) At least
24 hours prior to discharge from the hospital, | ||||||
4 | the
patient shall receive written information on the patient's | ||||||
5 | right to appeal the
discharge pursuant to the
federal Medicare | ||||||
6 | program, including the steps to follow to appeal
the discharge | ||||||
7 | and the appropriate telephone number to call in case the
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8 | patient intends to appeal the discharge.
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9 | (Source: P.A. 94-335, eff. 7-26-05.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
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