State of Illinois
90th General Assembly
Legislation

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90_SB0444

      210 ILCS 45/2-213 new
          Amends the  Nursing  Home  Care  Act.   Provides  that  a
      nursing  home  must  inform  a new resident that if he or she
      switches from private payment to  Medicaid  status  that  the
      nursing  home  may discharge the resident.  Provides that the
      nursing home may not discharge a resident for  this  type  of
      payment  change  unless  it  provides  proper  notice  to the
      resident prior to admitting him or her that the nursing  home
      may discharge him or her for such a change in payment status.
      Effective immediately.
                                                     LRB9002998LDdv
                                               LRB9002998LDdv
 1        AN  ACT  to  amend  the  Nursing  Home Care Act by adding
 2    Section 2-213.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Nursing  Home  Care  Act is amended by
 6    adding Section 2-213 as follows:
 7        (210 ILCS 45/2-213 new)
 8        Sec. 2-213.  Notice requirements for  change  in  payment
 9    status.
10        (a)  A  facility  licensed  under this Act that accepts a
11    new  resident  on  or  after  the  effective  date  of   this
12    amendatory  Act of 1997 shall inform the new resident and any
13    family member, friend, or other person  that  signs  the  new
14    resident  into  the  nursing  home  that the nursing home may
15    discharge the resident if he or she switches from  a  private
16    payment  plan  to  Medicaid  status.   The nursing home shall
17    explain this information to the new resident and have the new
18    resident  sign  a  statement  that  clearly   explains   that
19    information  and  have  any  family  member, friend, or other
20    person signing the resident into the nursing home  sign  that
21    statement or a witness.
22        (b)  If   the   nursing   home   does  not  provide  this
23    information or have the new resident and a witness  sign  the
24    statement   under   subsection  (a),  the  facility  may  not
25    discharge the resident from the facility for switching from a
26    private payment to Medicaid status.
27        Section 99.  Effective date.  This Act takes effect  upon
28    becoming law.

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