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Public Act 093-0775
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| HB4837 Enrolled |
LRB093 18943 BDD 44678 b |
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AN ACT concerning the Department on Aging.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Act on the Aging is amended by |
adding Section 4.02c as follows:
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(20 ILCS 105/4.02c new) |
Sec. 4.02c. Comprehensive Care in Residential Settings |
Demonstration Project.
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(a) The Department may establish and fund a demonstration |
program of bundled services designed to support the specialized |
needs of clients currently residing in projects that were |
formerly designated as Community Based Residential Facilities. |
Participating projects must hold a valid license, which remains |
unsuspended, unrevoked, and unexpired, under the provisions of |
the Assisted Living and Shared Housing Act. |
(b) The demonstration program must include, at a minimum: |
(1) 3 meals per day; |
(2) routine housekeeping services; |
(3) 24-hour-a-day security; |
(4) an emergency response system; |
(5) personal laundry and linen service; |
(6) assistance with activities of daily living; |
(7) medication management; and |
(8) money management. |
Optional services, such as transportation and social |
activities, may be provided. |
(c) Reimbursement for the program shall be based on the |
client's level of need and functional impairment, as determined |
by the Department. Clients must meet all eligibility |
requirements established by rule. The Department may establish |
a capitated reimbursement mechanism based on the client's level |
of need and functional impairment. Reimbursement for program |
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must be made to the Department-contracted provider delivering |
the services. |
(d) The Department shall adopt rules and provide oversight |
for the project, with assistance and advice provided by the |
Assisted Living and Shared Housing Advisory Board and Assisted |
Living and Shared Housing Quality of Life Committee. |
The project may be funded through the Department |
appropriations that may include Medicaid waiver funds. |
(e) Before January 1, 2008, the Department, in consultation |
with the Assisted Living and Shared Housing Advisory Board, |
must report to the General Assembly on the results of the |
demonstration project. The report must include, without |
limitation, any recommendations for changes or improvements, |
including changes or improvements in the administration of the |
program and an evaluation.
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Section 10. The Assisted Living and Shared Housing Act is |
amended by changing Sections 90 and 140 as follows:
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(210 ILCS 9/90)
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Sec. 90. Contents of service delivery contract. A contract |
between an
establishment and a resident must be entitled |
"assisted living
establishment
contract" or "shared housing |
establishment contract" as applicable, shall be
printed in no |
less
than 12 point type, and shall include at least the |
following elements in the
body or through
supporting documents |
or attachments:
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(1) the name, street address, and mailing address of |
the establishment;
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(2) the name and mailing address of the owner or owners |
of the
establishment and, if
the owner or owners are not |
natural persons, the type of business entity of the
owner
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or owners;
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(3) the name and mailing address of the managing agent |
of the
establishment, whether
hired under a management |
agreement or lease agreement, if the managing agent is
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different from the owner or owners;
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(4) the name and address of at least one natural person |
who is authorized
to accept
service on behalf of the owners |
and managing agent;
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(5) a statement describing the license status of the |
establishment and the
license status
of all providers of |
health-related or supportive services to a resident under
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arrangement with the establishment;
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(6) the duration of the contract;
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(7) the base rate to be paid by the resident and a |
description of the
services to be
provided as part of this |
rate;
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(8) a description of any additional services to be |
provided for an
additional fee by the
establishment |
directly or by a third party provider under arrangement |
with the
establishment;
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(9) the fee schedules outlining the cost of any |
additional services;
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(10) a description of the process through which the |
contract may be
modified, amended,
or terminated;
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(11) a description of the establishment's complaint |
resolution process
available to
residents and notice of the |
availability of the Department on Aging's Senior
Helpline
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for
complaints;
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(12) the name of the resident's designated |
representative, if any;
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(13) the resident's obligations in order to maintain |
residency and
receive
services including compliance with |
all assessments required under Section 15;
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(14) the billing and payment procedures and |
requirements;
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(15) a statement affirming the resident's freedom to |
receive services from
service
providers with whom the |
establishment does not have a contractual arrangement,
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which may also disclaim liability on the part of the
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establishment for those services;
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(16) a statement that medical assistance under Article |
V or Article VI of
the Illinois
Public Aid Code is not |
available for payment for services provided in an
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establishment, excluding contracts executed with residents |
residing in licensed establishments participating in the |
Department on Aging's Comprehensive Care in Residential |
Settings Demonstration Project;
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(17) a statement detailing the admission, risk |
management, and residency
termination
criteria and |
procedures;
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(18) a statement listing the rights specified in |
Section 95 and
acknowledging that, by contracting with the |
assisted
living or shared
housing establishment, the |
resident does not forfeit those rights; and
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(19) a statement detailing the Department's annual |
on-site review process
including
what documents contained |
in a resident's personal file shall be reviewed by
the |
on-site reviewer as defined by rule.
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(Source: P.A. 91-656, eff. 1-1-01.)
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(210 ILCS 9/140)
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Sec. 140. State and private funding. Nothing in this Act |
shall:
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(1) require or authorize the State agency responsible |
for the
administration
of the medical
assistance program |
established under Article V and Article VI of the Illinois
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Public Aid
Code to approve, supply, or cover services |
provided in an assisted living or
shared housing
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establishment, with the exception of licensed facilities |
that participate in the Department on Aging's |
Comprehensive Care in Residential Settings Demonstration |
Project, which may be covered under provisions of the |
Illinois Public Aid Code;
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(2) require an agency or a managed care organization to |
approve, supply,
or
cover services
provided in an assisted |
living or shared housing establishment; or
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