HB3666 102ND GENERAL ASSEMBLY

LRB102 13525 CPF 18872 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3666

Introduced 2/22/2021, by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

210 ILCS 45/3-401

from Ch. 111 1/2, par. 4153-401

Amends the Nursing Home Care Act. In provisions regarding involuntary transfer or discharge of a resident, provides that a facility may submit to a resident or a resident's legal representative a bill for all charges for which payment was not made during the COVID-19 pandemic. Provides that if payment is not made or if the resident or the resident's legal representative does not contact the facility to set up a payment schedule acceptable to the facility within 45 days after submission of a bill, the facility may submit a request for payment and, 30 days after receipt of the request for payment, the facility may initiate an involuntary transfer or discharge of the resident. Provides that if the resident or the resident's legal representative submits evidence of the resident's financial inability to cover all charges, the facility shall make application on behalf of the resident for Medicaid services, and, upon approval of the resident's application, the State shall pay the resident's bill, retroactive to the date the resident failed to make payment. Provides that a resident's discharge prior to this action does not eliminate a resident's responsibility to pay for all services rendered. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing Section 3-401 as follows:

(210 ILCS 45/3-401) (from Ch. 111 1/2, par. 4153-401)

Sec. 3-401. A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons:

(a) for medical reasons;

(b) for the resident's physical safety;

(c) for the physical safety of other residents, the facility staff or facility visitors; or

(d) for either late payment or nonpayment for the resident's stay, except as prohibited by Titles XVIII and XIX of the federal Social Security Act. For purposes of this Section, "late payment" means non-receipt of payment after submission of a bill.

(1) If payment is not received within 45 days after submission of a bill, a facility may send a notice to the resident and responsible party requesting payment within 30 days. If payment is not received within such 30 days, the facility may thereupon institute transfer or discharge proceedings by sending a notice of transfer or discharge to the resident and responsible party by registered or certified mail. The notice shall state, in addition to the requirements of Section 3-403 of this Act, that the responsible party has the right to pay the amount of the bill in full up to the date the transfer or discharge is to be made and then the resident shall have the right to remain in the facility. Such payment shall terminate the transfer or discharge proceedings. This subsection does not apply to those residents whose care is provided for under the Illinois Public Aid Code. The Department shall adopt rules setting forth the criteria and procedures to be applied in cases of involuntary transfer or discharge permitted under this Section.

(2) A facility may submit to a resident or a resident's legal representative a bill for all charges for which payment was not made during the COVID-19 pandemic. If payment is not made or if the resident or the resident's legal representative does not contact the facility to set up a payment schedule acceptable to the facility within 45 days after submission of a bill, the facility may submit a request for payment. Thirty days after receipt of the request for payment, the facility may initiate an involuntary transfer or discharge of the resident pursuant to this Section. If the resident or the resident's legal representative submits evidence of the resident's financial inability to cover all charges, the facility shall make application on behalf of the resident for Medicaid services. Upon approval of the resident's application, the State shall pay the resident's bill, retroactive to the date the resident failed to make payment. A resident's discharge prior to this action does not eliminate a resident's responsibility to pay for all services rendered.

(Source: P.A. 91-357, eff. 7-29-99.)

Section 99. Effective date. This Act takes effect upon becoming law.