Illinois General Assembly - Full Text of SB2929
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Full Text of SB2929  99th General Assembly




SB2929 EnrolledLRB099 20556 KTG 45107 b

1    AN ACT concerning public aid.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Hospital Licensing Act is amended by
5changing 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
8transition of aged patients and patients with disabilities from
9hospitals to post-hospital care, whenever a patient who
10qualifies for the federal Medicare program is hospitalized, the
11patient shall be notified of discharge at least 24 hours prior
12to discharge from the hospital. With regard to pending
13discharges to a skilled nursing facility, the hospital must
14notify the case coordination unit, as defined in 89 Ill. Adm.
15Code 240.260, at least 24 hours prior to discharge. When the
16assessment is completed in the hospital, the case coordination
17unit shall provide the discharge planner with a copy of the
18required assessment documentation directly to the nursing home
19to which the patient is being discharged prior to discharge.
20The Department on Aging shall provide notice of this
21requirement to case coordination units. When a case
22coordination unit is unable to complete an assessment in a
23hospital prior to the discharge of a patient, 60 years of age



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1or older, to a nursing home, the case coordination unit shall
2notify the Department on Aging which shall notify the
3Department of Healthcare and Family Services. The Department of
4Healthcare and Family Services and the Department on Aging
5shall adopt rules to address these instances to ensure that the
6patient is able to access nursing home care, the nursing home
7is not penalized for accepting the admission, and the patient's
8timely discharge from the hospital is not delayed, to the
9extent permitted under federal law or regulation. Nothing in
10this subsection shall preclude federal requirements for a
11pre-admission screening/mental health (PAS/MH) as required
12under Section 2-201.5 of the Nursing Home Care Act or State or
13federal law or regulation. prescreening information and
14accompanying materials, which the discharge planner shall
15transmit when the patient is discharged to a skilled nursing
16facility. If home health services are ordered, the hospital
17must inform its designated case coordination unit, as defined
18in 89 Ill. Adm. Code 240.260, of the pending discharge and must
19provide the patient with the case coordination unit's telephone
20number and other contact information.
21    (b) Every hospital shall develop procedures for a physician
22with medical staff privileges at the hospital or any
23appropriate medical staff member to provide the discharge
24notice prescribed in subsection (a) of this Section. The
25procedures must include prohibitions against discharging or
26referring a patient to any of the following if unlicensed,



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1uncertified, or unregistered: (i) a board and care facility, as
2defined in the Board and Care Home Act; (ii) an assisted living
3and shared housing establishment, as defined in the Assisted
4Living and Shared Housing Act; (iii) a facility licensed under
5the Nursing Home Care Act, the Specialized Mental Health
6Rehabilitation Act of 2013, the ID/DD Community Care Act, or
7the MC/DD Act; (iv) a supportive living facility, as defined in
8Section 5-5.01a of the Illinois Public Aid Code; or (v) a
9free-standing hospice facility licensed under the Hospice
10Program Licensing Act if licensure, certification, or
11registration is required. The Department of Public Health shall
12annually provide hospitals with a list of licensed, certified,
13or registered board and care facilities, assisted living and
14shared housing establishments, nursing homes, supportive
15living facilities, facilities licensed under the ID/DD
16Community Care Act, the MC/DD Act, or the Specialized Mental
17Health Rehabilitation Act of 2013, and hospice facilities.
18Reliance upon this list by a hospital shall satisfy compliance
19with this requirement. The procedure may also include a waiver
20for any case in which a discharge notice is not feasible due to
21a short length of stay in the hospital by the patient, or for
22any case in which the patient voluntarily desires to leave the
23hospital before the expiration of the 24 hour period.
24    (c) At least 24 hours prior to discharge from the hospital,
25the patient shall receive written information on the patient's
26right to appeal the discharge pursuant to the federal Medicare



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1program, including the steps to follow to appeal the discharge
2and the appropriate telephone number to call in case the
3patient intends to appeal the discharge.
4    (d) Before transfer of a patient to a long term care
5facility licensed under the Nursing Home Care Act where elderly
6persons reside, a hospital shall as soon as practicable
7initiate a name-based criminal history background check by
8electronic submission to the Department of State Police for all
9persons between the ages of 18 and 70 years; provided, however,
10that a hospital shall be required to initiate such a background
11check 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
22check for a patient who does not meet any of the criteria set
23forth in items (1) through (5).
24    A hospital shall notify a long term care facility if the
25hospital has initiated a criminal history background check on a
26patient being discharged to that facility. In all circumstances



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1in which the hospital is required by this subsection to
2initiate the criminal history background check, the transfer to
3the long term care facility may proceed regardless of the
4availability of criminal history results. Upon receipt of the
5results, the hospital shall promptly forward the results to the
6appropriate long term care facility. If the results of the
7background check are inconclusive, the hospital shall have no
8additional duty or obligation to seek additional information
9from, or about, the patient.
10(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
1199-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)