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| Public Act 097-0820 | ||||
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AN ACT concerning public aid.
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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 Nursing Home Care Act is amended by changing | ||||
Section 3-405 as follows:
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(210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
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Sec. 3-405. A copy of the notice required by Section 3-402 | ||||
shall be placed
in the resident's clinical record and a copy | ||||
shall be transmitted to the
Department, the resident, and the | ||||
resident's representative, and, if the resident's
care is paid | ||||
for in whole or part through Title XIX, the
Department of | ||||
Healthcare and Family Services.
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(Source: P.A. 95-331, eff. 8-21-07.)
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Section 10. The ID/DD Community Care Act is amended by | ||||
changing Section 3-405 as follows: | ||||
(210 ILCS 47/3-405)
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Sec. 3-405. Copy of notice in resident's record; copy to | ||||
Department. A copy of the notice required by Section 3-402 | ||||
shall be placed in the resident's clinical record and a copy | ||||
shall be transmitted to the Department, the resident, and the | ||||
resident's representative, and, if the resident's care is paid | ||||
for in whole or part through Title XIX, the Department of | ||
Healthcare and Family Services.
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(Source: P.A. 96-339, eff. 7-1-10.) | ||
Section 15. The Illinois Public Aid Code is amended by | ||
changing Section 5-1.1 as follows:
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(305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
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Sec. 5-1.1. Definitions. The terms defined in this Section
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shall have the meanings ascribed to them, except when the
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context otherwise requires.
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(a) "Nursing facility" means a facility, licensed by the | ||
Department of Public Health under the Nursing Home Care Act, | ||
that provides nursing facility services within the meaning of | ||
Title XIX of
the federal Social Security Act.
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(b) "Intermediate care facility for the developmentally | ||
disabled" or "ICF/DD" means a facility, licensed by the | ||
Department of Public Health under the ID/DD Community Care Act, | ||
that is an intermediate care facility for the mentally retarded | ||
within the meaning of Title XIX
of the federal Social Security | ||
Act.
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(c) "Standard services" means those services required for
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the care of all patients in the facility and shall, as a
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minimum, include the following: (1) administration; (2)
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dietary (standard); (3) housekeeping; (4) laundry and linen;
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(5) maintenance of property and equipment, including | ||
utilities;
(6) medical records; (7) training of employees; (8) | ||
utilization
review; (9) activities services; (10) social | ||
services; (11)
disability services; and all other similar | ||
services required
by either the laws of the State of Illinois | ||
or one of its
political subdivisions or municipalities or by | ||
Title XIX of
the Social Security Act.
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(d) "Patient services" means those which vary with the
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number of personnel; professional and para-professional
skills | ||
of the personnel; specialized equipment, and reflect
the | ||
intensity of the medical and psycho-social needs of the
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patients. Patient services shall as a minimum include:
(1) | ||
physical services; (2) nursing services, including
restorative | ||
nursing; (3) medical direction and patient care
planning; (4) | ||
health related supportive and habilitative
services and all | ||
similar services required by either the
laws of the State of | ||
Illinois or one of its political
subdivisions or municipalities | ||
or by Title XIX of the
Social Security Act.
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(e) "Ancillary services" means those services which
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require a specific physician's order and defined as under
the | ||
medical assistance program as not being routine in
nature for | ||
skilled nursing facilities and ICF/DDs.
Such services | ||
generally must be authorized prior to delivery
and payment as | ||
provided for under the rules of the Department
of Healthcare | ||
and Family Services.
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(f) "Capital" means the investment in a facility's assets
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for both debt and non-debt funds. Non-debt capital is the
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difference between an adjusted replacement value of the assets
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and the actual amount of debt capital.
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(g) "Profit" means the amount which shall accrue to a
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facility as a result of its revenues exceeding its expenses
as | ||
determined in accordance with generally accepted accounting
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principles.
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(h) "Non-institutional services" means those services | ||
provided under
paragraph (f) of Section 3 of the Disabled | ||
Persons Rehabilitation Act and those services provided under | ||
Section 4.02 of the Illinois Act on the Aging.
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(i) (Blank) "Exceptional medical care" means the level of | ||
medical care
required by persons who are medically stable for | ||
discharge from a hospital
but who require acute intensity | ||
hospital level care for physician,
nurse and ancillary | ||
specialist services, including persons with acquired
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immunodeficiency syndrome (AIDS) or a related condition.
Such | ||
care shall consist of those services which the Department shall | ||
determine
by rule.
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(j) "Institutionalized person" means an individual who is | ||
an inpatient
in an ICF/DD or nursing facility, or who is an | ||
inpatient in
a medical
institution receiving a level of care | ||
equivalent to that of an ICF/DD or nursing facility, or who is | ||
receiving services under
Section 1915(c) of the Social Security | ||
Act.
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(k) "Institutionalized spouse" means an institutionalized | ||
person who is
expected to receive services at the same level of | ||
care for at least 30 days
and is married to a spouse who is not | ||
an institutionalized person.
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(l) "Community spouse" is the spouse of an | ||
institutionalized spouse.
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(Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12.)
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(305 ILCS 5/12-10.8 rep.) | ||
(305 ILCS 5/12-10.9 rep.) | ||
Section 20. The Illinois Public Aid Code is amended by | ||
repealing Sections 12-10.8 and 12-10.9.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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