Full Text of SB2929 99th General Assembly
SB2929eng 99TH GENERAL ASSEMBLY |
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| 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 Illinois Act on the Aging is amended by | 5 | | changing Section 4.03 as follows:
| 6 | | (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
| 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
as a person | 13 | | with a disability as defined by the Social Security Act and who | 14 | | are in need of long
term care, may be satisfactorily cared for | 15 | | in their homes through the use
of home and community based | 16 | | services. Responsibility for prescreening shall be vested with | 17 | | case 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. In addition, the individual | 6 | | being prescreened shall be informed of spousal impoverishment | 7 | | requirements, the need to submit financial information to | 8 | | access services, and the consequences for failure to do so in a | 9 | | form and manner developed jointly by the Department on Aging, | 10 | | the Department of Human Services, and the Department of | 11 | | Healthcare and Family Services. Case coordination units under
| 12 | | contract with the Department may charge a fee for the | 13 | | prescreening provided
under this Section and the fee shall be | 14 | | no greater than the cost of such
services to the case | 15 | | coordination unit. At the time of each prescreening, case | 16 | | coordination units shall provide information regarding the | 17 | | Office of State Long Term Care Ombudsman's Residents Right to | 18 | | Know database as authorized in subsection (c-5) of Section | 19 | | 4.04. The case coordination units shall inquire if the | 20 | | individual who is being prescreened is in need of assistance | 21 | | with the cost of nursing home care. The case coordination unit | 22 | | shall provide assistance if the individual is unable to comply | 23 | | in securing financial documents requested by the State to prove | 24 | | financial eligibility and the individual's family is unable or | 25 | | unwilling to secure the requested documents on the resident's | 26 | | behalf. The case coordination unit providing these services |
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| 1 | | shall be reimbursed on a per client basis at a rate established | 2 | | by the Department on Aging from federal Civil Monetary Funds | 3 | | overseen by the Department on Public Health.
| 4 | | (Source: P.A. 98-255, eff. 8-9-13; 99-143, eff. 7-27-15.)
| 5 | | Section 10. The Hospital Licensing Act is amended by | 6 | | changing Section 6.09 as follows: | 7 | | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | 8 | | Sec. 6.09. (a) In order to facilitate the orderly | 9 | | transition of aged
patients and patients with disabilities from | 10 | | hospitals to post-hospital care, whenever a
patient who | 11 | | qualifies for the
federal Medicare program is hospitalized, the | 12 | | patient shall be notified
of discharge at least
24 hours prior | 13 | | to discharge from
the hospital. With regard to pending | 14 | | discharges to a skilled nursing facility, the hospital must | 15 | | notify the case coordination unit, as defined in 89 Ill. Adm. | 16 | | Code 240.260, at least 24 hours prior to discharge. When the | 17 | | assessment is completed in the hospital, the case coordination | 18 | | unit shall provide the discharge planner with a copy of the | 19 | | prescreening information and accompanying materials, which the | 20 | | discharge planner shall transmit when the patient is discharged | 21 | | to a skilled nursing facility. When a case coordination unit is | 22 | | unable to complete an assessment in the hospital prior to the | 23 | | discharge of a patient to a nursing home, the case coordination | 24 | | unit shall notify the Department on Aging, which shall notify |
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| 1 | | the Department of Healthcare and Family Services. The | 2 | | Department of Healthcare and Family Services and the Department | 3 | | on Aging shall adopt rules to address these instances that | 4 | | ensure that the patient is able to access nursing home care and | 5 | | that the nursing home is not penalized for accepting the | 6 | | admission. If home health services are ordered, the hospital | 7 | | must inform its designated case coordination unit, as defined | 8 | | in 89 Ill. Adm. Code 240.260, of the pending discharge and must | 9 | | provide the patient with the case coordination unit's telephone | 10 | | number and other contact information.
| 11 | | (b) Every hospital shall develop procedures for a physician | 12 | | with medical
staff privileges at the hospital or any | 13 | | appropriate medical staff member to
provide the discharge | 14 | | notice prescribed in subsection (a) of this Section. The | 15 | | procedures must include prohibitions against discharging or | 16 | | referring a patient to any of the following if unlicensed, | 17 | | uncertified, or unregistered: (i) a board and care facility, as | 18 | | defined in the Board and Care Home Act; (ii) an assisted living | 19 | | and shared housing establishment, as defined in the Assisted | 20 | | Living and Shared Housing Act; (iii) a facility licensed under | 21 | | the Nursing Home Care Act, the Specialized Mental Health | 22 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 23 | | the MC/DD Act; (iv) a supportive living facility, as defined in | 24 | | Section 5-5.01a of the Illinois Public Aid Code; or (v) a | 25 | | free-standing hospice facility licensed under the Hospice | 26 | | Program Licensing Act if licensure, certification, or |
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| 1 | | registration is required. The Department of Public Health shall | 2 | | annually provide hospitals with a list of licensed, certified, | 3 | | or registered board and care facilities, assisted living and | 4 | | shared housing establishments, nursing homes, supportive | 5 | | living facilities, facilities licensed under the ID/DD | 6 | | Community Care Act, the MC/DD Act, or the Specialized Mental | 7 | | Health Rehabilitation Act of 2013, and hospice facilities. | 8 | | Reliance upon this list by a hospital shall satisfy compliance | 9 | | with this requirement.
The procedure may also include a waiver | 10 | | for any case in which a discharge
notice is not feasible due to | 11 | | a short length of stay in the hospital by the patient,
or for | 12 | | any case in which the patient voluntarily desires to leave the
| 13 | | hospital before the expiration of the
24 hour period. | 14 | | (c) At least
24 hours prior to discharge from the hospital, | 15 | | the
patient shall receive written information on the patient's | 16 | | right to appeal the
discharge pursuant to the
federal Medicare | 17 | | program, including the steps to follow to appeal
the discharge | 18 | | and the appropriate telephone number to call in case the
| 19 | | patient intends to appeal the discharge. | 20 | | (d) Before transfer of a patient to a long term care | 21 | | facility licensed under the Nursing Home Care Act where elderly | 22 | | persons reside, a hospital shall as soon as practicable | 23 | | initiate a name-based criminal history background check by | 24 | | electronic submission to the Department of State Police for all | 25 | | persons between the ages of 18 and 70 years; provided, however, | 26 | | that a hospital shall be required to initiate such a background |
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| 1 | | check only with respect to patients who: | 2 | | (1) are transferring to a long term care facility for | 3 | | the first time; | 4 | | (2) have been in the hospital more than 5 days; | 5 | | (3) are reasonably expected to remain at the long term | 6 | | care facility for more than 30 days; | 7 | | (4) have a known history of serious mental illness or | 8 | | substance abuse; and | 9 | | (5) are independently ambulatory or mobile for more | 10 | | than a temporary period of time. | 11 | | A hospital may also request a criminal history background | 12 | | check for a patient who does not meet any of the criteria set | 13 | | forth in items (1) through (5). | 14 | | A hospital shall notify a long term care facility if the | 15 | | hospital has initiated a criminal history background check on a | 16 | | patient being discharged to that facility. In all circumstances | 17 | | in which the hospital is required by this subsection to | 18 | | initiate the criminal history background check, the transfer to | 19 | | the long term care facility may proceed regardless of the | 20 | | availability of criminal history results. Upon receipt of the | 21 | | results, the hospital shall promptly forward the results to the | 22 | | appropriate long term care facility. If the results of the | 23 | | background check are inconclusive, the hospital shall have no | 24 | | additional duty or obligation to seek additional information | 25 | | from, or about, the patient. | 26 | | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; |
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| 1 | | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.) | 2 | | Section 15. The Illinois Public Aid Code is amended by | 3 | | changing Section 5-6 as follows:
| 4 | | (305 ILCS 5/5-6) (from Ch. 23, par. 5-6)
| 5 | | Sec. 5-6. Obligations incurred prior to death of a | 6 | | recipient or during the pendency of an individual's application | 7 | | for benefits . Obligations incurred but not paid for at the time | 8 | | of the death of a recipient or during the pendency of an | 9 | | individual's application for benefits recipient's death
for | 10 | | services authorized under Section 5-5, including medical and | 11 | | other
care in facilities as defined in the Nursing Home Care
| 12 | | Act, the Specialized Mental Health Rehabilitation Act of 2013, | 13 | | the ID/DD Community Care Act, or the MC/DD Act, or in like | 14 | | facilities
not required to be licensed under that Act, may be | 15 | | paid, subject to the
rules and regulations of the Illinois | 16 | | Department, after the death of the recipient or during the | 17 | | pendency of the individual's application for benefits .
| 18 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
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