100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0238

 

Introduced 1/11/2017___________, by

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/2-202.5 new
210 ILCS 46/2-202.5 new
210 ILCS 47/2-202.5 new
210 ILCS 49/3-101.5 new

    Amends the Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, and Specialized Mental Health Rehabilitation Act of 2013. Provides that a facility must not enter into a pre-dispute agreement for binding arbitration with any resident or consumer, or the resident's representative or consumer's guardian, nor require that a resident or consumer sign an arbitration agreement as a condition of admission to the facility. Provides that after a dispute arises, a facility may ask a resident or consumer, or his or her representative or guardian, to enter into an agreement for binding arbitration if the facility and agreement meets specified requirements.


LRB100 00066 MJP 10070 b

 

 

A BILL FOR

 

HB0238LRB100 00066 MJP 10070 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by adding
5Section 2-202.5 as follows:
 
6    (210 ILCS 45/2-202.5 new)
7    Sec. 2-202.5. Binding arbitration agreements.
8    (a) A facility must not enter into a pre-dispute agreement
9for binding arbitration with any resident or resident's
10representative nor require that a resident sign an arbitration
11agreement as a condition of admission to the facility.
12    (b) If, after a dispute between a facility and a resident
13arises, and the facility chooses to ask a resident or his or
14her representative to enter into an agreement for binding
15arbitration, the facility must comply with all of the
16requirements in this subsection.
17        (1) The facility must ensure that:
18            (A) the agreement is explained to the resident and
19        his or her representative in a form and manner that he
20        or she understands, including in a language the
21        resident and his or her representative understands;
22        and
23            (B) the resident acknowledges that he or she

 

 

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1        understands the agreement.
2        (2) The agreement must:
3            (A) be entered into by the resident voluntarily;
4            (B) provide for the selection of a neutral
5        arbitrator agreed upon by both parties; and
6            (C) provide for selection of a venue convenient to
7        both parties.
8        (3) A resident's continuing right to remain in the
9    facility must not be contingent upon the resident or the
10    resident's representative signing a binding arbitration
11    agreement.
12        (4) The agreement must not contain any language that
13    prohibits or discourages the resident or anyone else from
14    communicating with federal, State, or local officials,
15    including, but not limited to, federal and State surveyors,
16    other federal or State health department employees, and
17    representatives of the Office of State Long Term Care
18    Ombudsman, in accordance with 42 CFR 483.10(k).
19        (5) The agreement may be signed by another individual
20    if:
21            (A) allowed by State law;
22            (B) all of the requirements in this subsection are
23        met; and
24            (C) that individual has no interest in the
25        facility.
26        (6) When the facility and a resident resolve a dispute

 

 

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1    with arbitration, a copy of the signed agreement for
2    binding arbitration and the arbitrator's final decision
3    must be retained by the facility for 5 years and be
4    available for inspection upon request by the Centers for
5    Medicare and Medicaid Services or its designee.
 
6    Section 10. The MC/DD Act is amended by adding Section
72-202.5 as follows:
 
8    (210 ILCS 46/2-202.5 new)
9    Sec. 2-202.5. Binding arbitration agreements.
10    (a) A facility must not enter into a pre-dispute agreement
11for binding arbitration with any resident or resident's
12representative nor require that a resident sign an arbitration
13agreement as a condition of admission to the facility.
14    (b) If, after a dispute between a facility and a resident
15arises, and the facility chooses to ask a resident or his or
16her representative to enter into an agreement for binding
17arbitration, the facility must comply with all of the
18requirements in this subsection.
19        (1) The facility must ensure that:
20            (A) the agreement is explained to the resident and
21        his or her representative in a form and manner that he
22        or she understands, including in a language the
23        resident and his or her representative understands;
24        and

 

 

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1            (B) the resident acknowledges that he or she
2        understands the agreement.
3        (2) The agreement must:
4            (A) be entered into by the resident voluntarily;
5            (B) provide for the selection of a neutral
6        arbitrator agreed upon by both parties; and
7            (C) provide for selection of a venue convenient to
8        both parties.
9        (3) A resident's continuing right to remain in the
10    facility must not be contingent upon the resident or the
11    resident's representative signing a binding arbitration
12    agreement.
13        (4) The agreement must not contain any language that
14    prohibits or discourages the resident or anyone else from
15    communicating with federal, State, or local officials,
16    including, but not limited to, federal and State surveyors,
17    other federal or State health department employees, and
18    representatives of the Office of State Long Term Care
19    Ombudsman, in accordance with 42 CFR 483.10(k).
20        (5) The agreement may be signed by another individual
21    if:
22            (A) allowed by State law;
23            (B) all of the requirements in this subsection are
24        met; and
25            (C) that individual has no interest in the
26        facility.

 

 

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1        (6) When the facility and a resident resolve a dispute
2    with arbitration, a copy of the signed agreement for
3    binding arbitration and the arbitrator's final decision
4    must be retained by the facility for 5 years and be
5    available for inspection upon request by the Centers for
6    Medicare and Medicaid Services or its designee.
 
7    Section 15. The ID/DD Community Care Act is amended by
8adding Section 2-202.5 as follows:
 
9    (210 ILCS 47/2-202.5 new)
10    Sec. 2-202.5. Binding arbitration agreements.
11    (a) A facility must not enter into a pre-dispute agreement
12for binding arbitration with any resident or resident's
13representative nor require that a resident sign an arbitration
14agreement as a condition of admission to the facility.
15    (b) If, after a dispute between a facility and a resident
16arises, and the facility chooses to ask a resident or his or
17her representative to enter into an agreement for binding
18arbitration, the facility must comply with all of the
19requirements in this subsection.
20        (1) The facility must ensure that:
21            (A) the agreement is explained to the resident and
22        his or her representative in a form and manner that he
23        or she understands, including in a language the
24        resident and his or her representative understands;

 

 

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1        and
2            (B) the resident acknowledges that he or she
3        understands the agreement.
4        (2) The agreement must:
5            (A) be entered into by the resident voluntarily;
6            (B) provide for the selection of a neutral
7        arbitrator agreed upon by both parties; and
8            (C) provide for selection of a venue convenient to
9        both parties.
10        (3) A resident's continuing right to remain in the
11    facility must not be contingent upon the resident or the
12    resident's representative signing a binding arbitration
13    agreement.
14        (4) The agreement must not contain any language that
15    prohibits or discourages the resident or anyone else from
16    communicating with federal, State, or local officials,
17    including, but not limited to, federal and State surveyors,
18    other federal or State health department employees, and
19    representatives of the Office of State Long Term Care
20    Ombudsman, in accordance with 42 CFR 483.10(k).
21        (5) The agreement may be signed by another individual
22    if:
23            (A) allowed by State law;
24            (B) all of the requirements in this subsection are
25        met; and
26            (C) that individual has no interest in the

 

 

HB0238- 7 -LRB100 00066 MJP 10070 b

1        facility.
2        (6) When the facility and a resident resolve a dispute
3    with arbitration, a copy of the signed agreement for
4    binding arbitration and the arbitrator's final decision
5    must be retained by the facility for 5 years and be
6    available for inspection upon request by the Centers for
7    Medicare and Medicaid Services or its designee.
 
8    Section 20. The Specialized Mental Health Rehabilitation
9Act of 2013 is amended by adding Section 3-101.5 as follows:
 
10    (210 ILCS 49/3-101.5 new)
11    Sec. 3-101.5. Binding arbitration agreements.
12    (a) A facility must not enter into a pre-dispute agreement
13for binding arbitration with any consumer or consumer's
14guardian nor require that a consumer sign an arbitration
15agreement as a condition of admission to the facility.
16    (b) If, after a dispute between a facility and a consumer
17arises, and the facility chooses to ask a consumer or his or
18her guardian to enter into an agreement for binding
19arbitration, the facility must comply with all of the
20requirements in this subsection.
21        (1) The facility must ensure that:
22            (A) the agreement is explained to the consumer and
23        his or her guardian in a form and manner that he or she
24        understands, including in a language the consumer and

 

 

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1        his or her guardian understands; and
2            (B) the consumer acknowledges that he or she
3        understands the agreement.
4        (2) The agreement must:
5            (A) be entered into by the consumer voluntarily;
6            (B) provide for the selection of a neutral
7        arbitrator agreed upon by both parties; and
8            (C) provide for selection of a venue convenient to
9        both parties.
10        (3) A consumer's continuing right to remain in the
11    facility must not be contingent upon the consumer or the
12    consumer's guardian signing a binding arbitration
13    agreement.
14        (4) The agreement must not contain any language that
15    prohibits or discourages the consumer or anyone else from
16    communicating with federal, State, or local officials,
17    including, but not limited to, federal and State surveyors,
18    other federal or State health department employees, and
19    representatives of the Office of State Long Term Care
20    Ombudsman, in accordance with 42 CFR 483.10(k).
21        (5) The agreement may be signed by another individual
22    if:
23            (A) allowed by State law;
24            (B) all of the requirements in this subsection are
25        met; and
26            (C) that individual has no interest in the

 

 

HB0238- 9 -LRB100 00066 MJP 10070 b

1        facility.
2        (6) When the facility and a consumer resolve a dispute
3    with arbitration, a copy of the signed agreement for
4    binding arbitration and the arbitrator's final decision
5    must be retained by the facility for 5 years and be
6    available for inspection upon request by the Centers for
7    Medicare and Medicaid Services or its designee.