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


Sen. John G. Mulroe

Filed: 4/19/2016





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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 Illinois Act on the Aging is amended by
5changing 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
8Department of Human Services and any other appropriate State,
9local or federal agency, shall, without regard to income
10guidelines, establish a nursing home prescreening program to
11determine whether Alzheimer's Disease and related disorders
12victims, and persons who are deemed as blind or as a person
13with a disability as defined by the Social Security Act and who
14are in need of long term care, may be satisfactorily cared for
15in their homes through the use of home and community based
16services. Responsibility for prescreening shall be vested with



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1case coordination units. Prescreening shall occur: (i) when
2hospital discharge planners have advised the case coordination
3unit of the imminent risk of nursing home placement of a
4patient who meets the above criteria and in advance of
5discharge of the patient; or (ii) when a case coordination unit
6has been advised of the imminent risk of nursing home placement
7of an individual in the community. The individual who is
8prescreened shall be informed of all appropriate options,
9including placement in a nursing home and the availability of
10in-home and community-based services and shall be advised of
11her or his right to refuse nursing home, in-home,
12community-based, or all services. In addition, the individual
13being prescreened shall be informed of spousal impoverishment
14requirements, the need to submit financial information to
15access services, and the consequences for failure to do so in a
16form and manner developed jointly by the Department on Aging,
17the Department of Human Services, and the Department of
18Healthcare and Family Services. Case coordination units under
19contract with the Department may charge a fee for the
20prescreening provided under this Section and the fee shall be
21no greater than the cost of such services to the case
22coordination unit. At the time of each prescreening, case
23coordination units shall provide information regarding the
24Office of State Long Term Care Ombudsman's Residents Right to
25Know database as authorized in subsection (c-5) of Section
264.04. The case coordination units shall inquire if the



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1individual who is being prescreened is in need of assistance
2with the cost of nursing home care. The case coordination unit
3shall provide assistance if the individual is unable to comply
4in securing financial documents requested by the State to prove
5financial eligibility and the individual's family is unable or
6unwilling to secure the requested documents on the resident's
7behalf. The case coordination unit providing these services
8shall be reimbursed on a per client basis at a rate established
9by the Department on Aging from federal Civil Monetary Funds
10overseen by the Department on Public Health.
11(Source: P.A. 98-255, eff. 8-9-13; 99-143, eff. 7-27-15.)
12    Section 10. The Hospital Licensing Act is amended by
13changing Section 6.09 as follows:
14    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
15    Sec. 6.09. (a) In order to facilitate the orderly
16transition of aged patients and patients with disabilities from
17hospitals to post-hospital care, whenever a patient who
18qualifies for the federal Medicare program is hospitalized, the
19patient shall be notified of discharge at least 24 hours prior
20to discharge from the hospital. With regard to pending
21discharges to a skilled nursing facility, the hospital must
22notify the case coordination unit, as defined in 89 Ill. Adm.
23Code 240.260, at least 24 hours prior to discharge. When the
24assessment is completed in the hospital, the case coordination



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1unit shall provide the discharge planner with a copy of the
2prescreening information and accompanying materials, which the
3discharge planner shall transmit when the patient is discharged
4to a skilled nursing facility. When a case coordination unit is
5unable to complete an assessment in the hospital prior to the
6discharge of a patient to a nursing home, the case coordination
7unit shall notify the Department on Aging, which shall notify
8the Department of Healthcare and Family Services. The
9Department of Healthcare and Family Services and the Department
10on Aging shall adopt rules to address these instances that
11ensure that the patient is able to access nursing home care and
12that the nursing home is not penalized for accepting the
13admission. If home health services are ordered, the hospital
14must inform its designated case coordination unit, as defined
15in 89 Ill. Adm. Code 240.260, of the pending discharge and must
16provide the patient with the case coordination unit's telephone
17number and other contact information.
18    (b) Every hospital shall develop procedures for a physician
19with medical staff privileges at the hospital or any
20appropriate medical staff member to provide the discharge
21notice prescribed in subsection (a) of this Section. The
22procedures must include prohibitions against discharging or
23referring a patient to any of the following if unlicensed,
24uncertified, or unregistered: (i) a board and care facility, as
25defined in the Board and Care Home Act; (ii) an assisted living
26and shared housing establishment, as defined in the Assisted



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



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1    (d) Before transfer of a patient to a long term care
2facility licensed under the Nursing Home Care Act where elderly
3persons reside, a hospital shall as soon as practicable
4initiate a name-based criminal history background check by
5electronic submission to the Department of State Police for all
6persons between the ages of 18 and 70 years; provided, however,
7that a hospital shall be required to initiate such a background
8check only with respect to patients who:
9        (1) are transferring to a long term care facility for
10    the first time;
11        (2) have been in the hospital more than 5 days;
12        (3) are reasonably expected to remain at the long term
13    care facility for more than 30 days;
14        (4) have a known history of serious mental illness or
15    substance abuse; and
16        (5) are independently ambulatory or mobile for more
17    than a temporary period of time.
18    A hospital may also request a criminal history background
19check for a patient who does not meet any of the criteria set
20forth in items (1) through (5).
21    A hospital shall notify a long term care facility if the
22hospital has initiated a criminal history background check on a
23patient being discharged to that facility. In all circumstances
24in which the hospital is required by this subsection to
25initiate the criminal history background check, the transfer to
26the long term care facility may proceed regardless of the



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1availability of criminal history results. Upon receipt of the
2results, the hospital shall promptly forward the results to the
3appropriate long term care facility. If the results of the
4background check are inconclusive, the hospital shall have no
5additional duty or obligation to seek additional information
6from, or about, the patient.
7(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
899-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
9    Section 15. The Illinois Public Aid Code is amended by
10changing Section 5-6 as follows:
11    (305 ILCS 5/5-6)  (from Ch. 23, par. 5-6)
12    Sec. 5-6. Obligations incurred prior to death of a
13recipient or during the pendency of an individual's application
14for benefits. Obligations incurred but not paid for at the time
15of the death of a recipient or during the pendency of an
16individual's application for benefits recipient's death for
17services authorized under Section 5-5, including medical and
18other care in facilities as defined in the Nursing Home Care
19Act, the Specialized Mental Health Rehabilitation Act of 2013,
20the ID/DD Community Care Act, or the MC/DD Act, or in like
21facilities not required to be licensed under that Act, may be
22paid, subject to the rules and regulations of the Illinois
23Department, after the death of the recipient or during the
24pendency of the individual's application for benefits.



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1(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)".