State of Illinois
90th General Assembly
Legislation

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90_SB0444eng

      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
SB444 Engrossed                                LRB9002998LDdv
 1        AN  ACT  to  amend  the Nursing Home Care Act by changing
 2    Section 3-401.1.
 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    changing Section 3-401.1 as follows:
 7        (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
 8        Sec.  3-401.1.   (a)  A  facility  participating  in  the
 9    Medical Assistance Program  is  prohibited  from  failing  or
10    refusing to retain as a resident any person because he or she
11    is  a recipient of or an applicant for the Medical Assistance
12    Program.
13        (a-5)  After the effective date of this amendatory Act of
14    1997, a facility of which only a distinct part  is  certified
15    to  participate  in the Medical Assistance Program may refuse
16    to retain as a resident any person who resides in a  part  of
17    the  facility  that  does  not  participate  in  the  Medical
18    Assistance  Program  and  who is unable to pay for his or her
19    care in the facility without Medical Assistance only if:
20             (1)  the facility, no later  than  at  the  time  of
21        admission  and  at  the  time  of the resident's contract
22        renewal, explains to the resident (unless he  or  she  is
23        incompetent),  and  to the resident's representative, and
24        to the person making payment on behalf  of  the  resident
25        for  the  resident's  stay, in writing, that the facility
26        may discharge the resident if the resident is  no  longer
27        able  to  pay for his or her care in the facility without
28        Medical Assistance;
29             (2)  the resident (unless he or she is incompetent),
30        the resident's  representative,  and  the  person  making
31        payment  on  behalf  of  the  resident for the resident's
SB444 Engrossed             -2-                LRB9002998LDdv
 1        stay, acknowledge in writing that they have received  the
 2        written explanation.
 3        (a-10)  For  the purposes of this Section, a recipient or
 4    applicant shall be considered  a  resident  in  the  facility
 5    during any hospital stay totaling 10 days or less following a
 6    hospital  admission.  The  Illinois  Department of Public Aid
 7    shall recoup funds from a facility when, as a result  of  the
 8    facility's    refusal    to   readmit   a   recipient   after
 9    hospitalization for 10 days or  less,  the  recipient  incurs
10    hospital  bills  in  an  amount  greater than the amount that
11    would have been paid by  that  Department  for  care  of  the
12    recipient in the facility. The amount of the recoupment shall
13    be  the  difference between the Illinois Department of Public
14    Aid's  payment  for  hospital  care  and  the   amount   that
15    Department would have paid for care in the facility.
16        (b)  A  facility  which  violates  this  Section shall be
17    guilty of a business offense and fined not less than $500 nor
18    more than $1,000 for the first  offense  and  not  less  than
19    $1,000 nor more than $5,000 for each subsequent offense.
20    (Source: P.A. 85-1231.)
21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.

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