|
| | SB2929 Enrolled | | LRB099 20556 KTG 45107 b |
|
|
1 | | AN ACT concerning public aid.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | Section 5. The Hospital Licensing Act is amended by |
5 | | changing Section 6.09 as follows: |
6 | | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) |
7 | | Sec. 6.09. (a) In order to facilitate the orderly |
8 | | transition of aged
patients and patients with disabilities from |
9 | | hospitals to post-hospital care, whenever a
patient who |
10 | | qualifies for the
federal Medicare program is hospitalized, the |
11 | | patient shall be notified
of discharge at least
24 hours prior |
12 | | to discharge from
the hospital. With regard to pending |
13 | | discharges to a skilled nursing facility, the hospital must |
14 | | notify the case coordination unit, as defined in 89 Ill. Adm. |
15 | | Code 240.260, at least 24 hours prior to discharge. When the |
16 | | assessment is completed in the hospital, the case coordination |
17 | | unit shall provide the discharge planner with a copy of the |
18 | | required assessment documentation directly to the nursing home |
19 | | to which the patient is being discharged prior to discharge. |
20 | | The Department on Aging shall provide notice of this |
21 | | requirement to case coordination units. When a case |
22 | | coordination unit is unable to complete an assessment in a |
23 | | hospital prior to the discharge of a patient, 60 years of age |
|
| | SB2929 Enrolled | - 2 - | LRB099 20556 KTG 45107 b |
|
|
1 | | or older, to a nursing home, the case coordination unit shall |
2 | | notify the Department on Aging which shall notify the |
3 | | Department of Healthcare and Family Services. The Department of |
4 | | Healthcare and Family Services and the Department on Aging |
5 | | shall adopt rules to address these instances to ensure that the |
6 | | patient is able to access nursing home care, the nursing home |
7 | | is not penalized for accepting the admission, and the patient's |
8 | | timely discharge from the hospital is not delayed, to the |
9 | | extent permitted under federal law or regulation. Nothing in |
10 | | this subsection shall preclude federal requirements for a |
11 | | pre-admission screening/mental health (PAS/MH) as required |
12 | | under Section 2-201.5 of the Nursing Home Care Act or State or |
13 | | federal law or regulation. prescreening information and |
14 | | accompanying materials, which the discharge planner shall |
15 | | transmit when the patient is discharged to a skilled nursing |
16 | | facility. If home health services are ordered, the hospital |
17 | | must inform its designated case coordination unit, as defined |
18 | | in 89 Ill. Adm. Code 240.260, of the pending discharge and must |
19 | | provide the patient with the case coordination unit's telephone |
20 | | number and other contact information.
|
21 | | (b) Every hospital shall develop procedures for a physician |
22 | | with medical
staff privileges at the hospital or any |
23 | | appropriate medical staff member to
provide the discharge |
24 | | notice prescribed in subsection (a) of this Section. The |
25 | | procedures must include prohibitions against discharging or |
26 | | referring a patient to any of the following if unlicensed, |
|
| | SB2929 Enrolled | - 3 - | LRB099 20556 KTG 45107 b |
|
|
1 | | uncertified, or unregistered: (i) a board and care facility, as |
2 | | defined in the Board and Care Home Act; (ii) an assisted living |
3 | | and shared housing establishment, as defined in the Assisted |
4 | | Living and Shared Housing Act; (iii) a facility licensed under |
5 | | the Nursing Home Care Act, the Specialized Mental Health |
6 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
7 | | the MC/DD Act; (iv) a supportive living facility, as defined in |
8 | | Section 5-5.01a of the Illinois Public Aid Code; or (v) a |
9 | | free-standing hospice facility licensed under the Hospice |
10 | | Program Licensing Act if licensure, certification, or |
11 | | registration is required. The Department of Public Health shall |
12 | | annually provide hospitals with a list of licensed, certified, |
13 | | or registered board and care facilities, assisted living and |
14 | | shared housing establishments, nursing homes, supportive |
15 | | living facilities, facilities licensed under the ID/DD |
16 | | Community Care Act, the MC/DD Act, or the Specialized Mental |
17 | | Health Rehabilitation Act of 2013, and hospice facilities. |
18 | | Reliance upon this list by a hospital shall satisfy compliance |
19 | | with this requirement.
The procedure may also include a waiver |
20 | | for any case in which a discharge
notice is not feasible due to |
21 | | a short length of stay in the hospital by the patient,
or for |
22 | | any case in which the patient voluntarily desires to leave the
|
23 | | hospital before the expiration of the
24 hour period. |
24 | | (c) At least
24 hours prior to discharge from the hospital, |
25 | | the
patient shall receive written information on the patient's |
26 | | right to appeal the
discharge pursuant to the
federal Medicare |
|
| | SB2929 Enrolled | - 4 - | LRB099 20556 KTG 45107 b |
|
|
1 | | program, including the steps to follow to appeal
the discharge |
2 | | and the appropriate telephone number to call in case the
|
3 | | patient intends to appeal the discharge. |
4 | | (d) Before transfer of a patient to a long term care |
5 | | facility licensed under the Nursing Home Care Act where elderly |
6 | | persons reside, a hospital shall as soon as practicable |
7 | | initiate a name-based criminal history background check by |
8 | | electronic submission to the Department of State Police for all |
9 | | persons between the ages of 18 and 70 years; provided, however, |
10 | | that a hospital shall be required to initiate such a background |
11 | | check only with respect to patients who: |
12 | | (1) are transferring to a long term care facility for |
13 | | the first time; |
14 | | (2) have been in the hospital more than 5 days; |
15 | | (3) are reasonably expected to remain at the long term |
16 | | care facility for more than 30 days; |
17 | | (4) have a known history of serious mental illness or |
18 | | substance abuse; and |
19 | | (5) are independently ambulatory or mobile for more |
20 | | than a temporary period of time. |
21 | | A hospital may also request a criminal history background |
22 | | check for a patient who does not meet any of the criteria set |
23 | | forth in items (1) through (5). |
24 | | A hospital shall notify a long term care facility if the |
25 | | hospital has initiated a criminal history background check on a |
26 | | patient being discharged to that facility. In all circumstances |
|
| | SB2929 Enrolled | - 5 - | LRB099 20556 KTG 45107 b |
|
|
1 | | in which the hospital is required by this subsection to |
2 | | initiate the criminal history background check, the transfer to |
3 | | the long term care facility may proceed regardless of the |
4 | | availability of criminal history results. Upon receipt of the |
5 | | results, the hospital shall promptly forward the results to the |
6 | | appropriate long term care facility. If the results of the |
7 | | background check are inconclusive, the hospital shall have no |
8 | | additional duty or obligation to seek additional information |
9 | | from, or about, the patient. |
10 | | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; |
11 | | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
|