Full Text of SB2574 97th General Assembly
SB2574sam001 97TH GENERAL ASSEMBLY | Sen. William Delgado Filed: 2/8/2012
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| 1 | | AMENDMENT TO SENATE BILL 2574
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2574 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Nursing Home Care Act is amended by | 5 | | changing Section 3-405 as follows:
| 6 | | (210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
| 7 | | Sec. 3-405. A copy of the notice required by Section 3-402 | 8 | | shall be placed
in the resident's clinical record and a copy | 9 | | shall be transmitted to the
Department, the resident, and the | 10 | | resident's representative , and, if the resident's
care is paid | 11 | | for in whole or part through Title XIX, the
Department of | 12 | | Healthcare and Family Services .
| 13 | | (Source: P.A. 95-331, eff. 8-21-07.)
| 14 | | Section 10. The ID/DD Community Care Act is amended by | 15 | | changing Section 3-405 as follows: |
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| 1 | | (210 ILCS 47/3-405)
| 2 | | Sec. 3-405. Copy of notice in resident's record; copy to | 3 | | Department. A copy of the notice required by Section 3-402 | 4 | | shall be placed in the resident's clinical record and a copy | 5 | | shall be transmitted to the Department, the resident, and the | 6 | | resident's representative , and, if the resident's care is paid | 7 | | for in whole or part through Title XIX, the Department of | 8 | | Healthcare and Family Services .
| 9 | | (Source: P.A. 96-339, eff. 7-1-10 .) | 10 | | Section 15. The Illinois Public Aid Code is amended by | 11 | | changing Section 5-1.1 as follows:
| 12 | | (305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
| 13 | | Sec. 5-1.1. Definitions. The terms defined in this Section
| 14 | | shall have the meanings ascribed to them, except when the
| 15 | | context otherwise requires.
| 16 | | (a) "Nursing facility" means a facility, licensed by the | 17 | | Department of Public Health under the Nursing Home Care Act, | 18 | | that provides nursing facility services within the meaning of | 19 | | Title XIX of
the federal Social Security Act.
| 20 | | (b) "Intermediate care facility for the developmentally | 21 | | disabled" or "ICF/DD" means a facility, licensed by the | 22 | | Department of Public Health under the ID/DD Community Care Act, | 23 | | that is an intermediate care facility for the mentally retarded |
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| 1 | | within the meaning of Title XIX
of the federal Social Security | 2 | | Act.
| 3 | | (c) "Standard services" means those services required for
| 4 | | the care of all patients in the facility and shall, as a
| 5 | | minimum, include the following: (1) administration; (2)
| 6 | | dietary (standard); (3) housekeeping; (4) laundry and linen;
| 7 | | (5) maintenance of property and equipment, including | 8 | | utilities;
(6) medical records; (7) training of employees; (8) | 9 | | utilization
review; (9) activities services; (10) social | 10 | | services; (11)
disability services; and all other similar | 11 | | services required
by either the laws of the State of Illinois | 12 | | or one of its
political subdivisions or municipalities or by | 13 | | Title XIX of
the Social Security Act.
| 14 | | (d) "Patient services" means those which vary with the
| 15 | | number of personnel; professional and para-professional
skills | 16 | | of the personnel; specialized equipment, and reflect
the | 17 | | intensity of the medical and psycho-social needs of the
| 18 | | patients. Patient services shall as a minimum include:
(1) | 19 | | physical services; (2) nursing services, including
restorative | 20 | | nursing; (3) medical direction and patient care
planning; (4) | 21 | | health related supportive and habilitative
services and all | 22 | | similar services required by either the
laws of the State of | 23 | | Illinois or one of its political
subdivisions or municipalities | 24 | | or by Title XIX of the
Social Security Act.
| 25 | | (e) "Ancillary services" means those services which
| 26 | | require a specific physician's order and defined as under
the |
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| 1 | | medical assistance program as not being routine in
nature for | 2 | | skilled nursing facilities and ICF/DDs.
Such services | 3 | | generally must be authorized prior to delivery
and payment as | 4 | | provided for under the rules of the Department
of Healthcare | 5 | | and Family Services.
| 6 | | (f) "Capital" means the investment in a facility's assets
| 7 | | for both debt and non-debt funds. Non-debt capital is the
| 8 | | difference between an adjusted replacement value of the assets
| 9 | | and the actual amount of debt capital.
| 10 | | (g) "Profit" means the amount which shall accrue to a
| 11 | | facility as a result of its revenues exceeding its expenses
as | 12 | | determined in accordance with generally accepted accounting
| 13 | | principles.
| 14 | | (h) "Non-institutional services" means those services | 15 | | provided under
paragraph (f) of Section 3 of the Disabled | 16 | | Persons Rehabilitation Act and those services provided under | 17 | | Section 4.02 of the Illinois Act on the Aging.
| 18 | | (i) (Blank) "Exceptional medical care" means the level of | 19 | | medical care
required by persons who are medically stable for | 20 | | discharge from a hospital
but who require acute intensity | 21 | | hospital level care for physician,
nurse and ancillary | 22 | | specialist services, including persons with acquired
| 23 | | immunodeficiency syndrome (AIDS) or a related condition.
Such | 24 | | care shall consist of those services which the Department shall | 25 | | determine
by rule .
| 26 | | (j) "Institutionalized person" means an individual who is |
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| 1 | | an inpatient
in an ICF/DD or nursing facility, or who is an | 2 | | inpatient in
a medical
institution receiving a level of care | 3 | | equivalent to that of an ICF/DD or nursing facility, or who is | 4 | | receiving services under
Section 1915(c) of the Social Security | 5 | | Act.
| 6 | | (k) "Institutionalized spouse" means an institutionalized | 7 | | person who is
expected to receive services at the same level of | 8 | | care for at least 30 days
and is married to a spouse who is not | 9 | | an institutionalized person.
| 10 | | (l) "Community spouse" is the spouse of an | 11 | | institutionalized spouse.
| 12 | | (Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12.)
| 13 | | (305 ILCS 5/12-10.8 rep.) | 14 | | (305 ILCS 5/12-10.9 rep.) | 15 | | Section 20. The Illinois Public Aid Code is amended by | 16 | | repealing Sections 12-10.8 and 12-10.9.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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