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


Rep. Robert Rita

Filed: 5/12/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2929 by replacing
3everything after the enacting clause with the following:
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



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1unit shall provide the discharge planner with a copy of the
2required assessment documentation directly to the nursing home
3to which the patient is being discharged prior to discharge.
4The Department on Aging shall provide notice of this
5requirement to case coordination units. When a case
6coordination unit is unable to complete an assessment in a
7hospital prior to the discharge of a patient, 60 years of age
8or older, to a nursing home, the case coordination unit shall
9notify the Department on Aging which shall notify the
10Department of Healthcare and Family Services. The Department of
11Healthcare and Family Services and the Department on Aging
12shall adopt rules to address these instances to ensure that the
13patient is able to access nursing home care, the nursing home
14is not penalized for accepting the admission, and the patient's
15timely discharge from the hospital is not delayed, to the
16extent permitted under federal law or regulation. Nothing in
17this subsection shall preclude federal requirements for a
18pre-admission screening/mental health (PAS/MH) as required
19under Section 2-201.5 of the Nursing Home Care Act or State or
20federal law or regulation. prescreening information and
21accompanying materials, which the discharge planner shall
22transmit when the patient is discharged to a skilled nursing
23facility. If home health services are ordered, the hospital
24must inform its designated case coordination unit, as defined
25in 89 Ill. Adm. Code 240.260, of the pending discharge and must
26provide the patient with the case coordination unit's telephone



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1number and other contact information.
2    (b) Every hospital shall develop procedures for a physician
3with medical staff privileges at the hospital or any
4appropriate medical staff member to provide the discharge
5notice prescribed in subsection (a) of this Section. The
6procedures must include prohibitions against discharging or
7referring a patient to any of the following if unlicensed,
8uncertified, or unregistered: (i) a board and care facility, as
9defined in the Board and Care Home Act; (ii) an assisted living
10and shared housing establishment, as defined in the Assisted
11Living and Shared Housing Act; (iii) a facility licensed under
12the Nursing Home Care Act, the Specialized Mental Health
13Rehabilitation Act of 2013, the ID/DD Community Care Act, or
14the MC/DD Act; (iv) a supportive living facility, as defined in
15Section 5-5.01a of the Illinois Public Aid Code; or (v) a
16free-standing hospice facility licensed under the Hospice
17Program Licensing Act if licensure, certification, or
18registration is required. The Department of Public Health shall
19annually provide hospitals with a list of licensed, certified,
20or registered board and care facilities, assisted living and
21shared housing establishments, nursing homes, supportive
22living facilities, facilities licensed under the ID/DD
23Community Care Act, the MC/DD Act, or the Specialized Mental
24Health Rehabilitation Act of 2013, and hospice facilities.
25Reliance upon this list by a hospital shall satisfy compliance
26with this requirement. The procedure may also include a waiver



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1for any case in which a discharge notice is not feasible due to
2a short length of stay in the hospital by the patient, or for
3any case in which the patient voluntarily desires to leave the
4hospital before the expiration of the 24 hour period.
5    (c) At least 24 hours prior to discharge from the hospital,
6the patient shall receive written information on the patient's
7right to appeal the discharge pursuant to the federal Medicare
8program, including the steps to follow to appeal the discharge
9and the appropriate telephone number to call in case the
10patient intends to appeal the discharge.
11    (d) Before transfer of a patient to a long term care
12facility licensed under the Nursing Home Care Act where elderly
13persons reside, a hospital shall as soon as practicable
14initiate a name-based criminal history background check by
15electronic submission to the Department of State Police for all
16persons between the ages of 18 and 70 years; provided, however,
17that a hospital shall be required to initiate such a background
18check only with respect to patients who:
19        (1) are transferring to a long term care facility for
20    the first time;
21        (2) have been in the hospital more than 5 days;
22        (3) are reasonably expected to remain at the long term
23    care facility for more than 30 days;
24        (4) have a known history of serious mental illness or
25    substance abuse; and
26        (5) are independently ambulatory or mobile for more



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1    than a temporary period of time.
2    A hospital may also request a criminal history background
3check for a patient who does not meet any of the criteria set
4forth in items (1) through (5).
5    A hospital shall notify a long term care facility if the
6hospital has initiated a criminal history background check on a
7patient being discharged to that facility. In all circumstances
8in which the hospital is required by this subsection to
9initiate the criminal history background check, the transfer to
10the long term care facility may proceed regardless of the
11availability of criminal history results. Upon receipt of the
12results, the hospital shall promptly forward the results to the
13appropriate long term care facility. If the results of the
14background check are inconclusive, the hospital shall have no
15additional duty or obligation to seek additional information
16from, or about, the patient.
17(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
1899-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised