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90_SB0444sam001
LRB9002998LDdvam01
1 AMENDMENT TO SENATE BILL 444
2 AMENDMENT NO. . Amend Senate Bill 444 by replacing
3 the title with the following:
4 "AN ACT to amend the Nursing Home Care Act by changing
5 Section 3-401.1."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Nursing Home Care Act is amended by
9 changing Section 3-401.1 as follows:
10 (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
11 Sec. 3-401.1. (a) A facility participating in the
12 Medical Assistance Program is prohibited from failing or
13 refusing to retain as a resident any person because he or she
14 is a recipient of or an applicant for the Medical Assistance
15 Program.
16 (a-5) After the effective date of this amendatory Act of
17 1997, a facility of which only a distinct part is certified
18 to participate in the Medical Assistance Program may refuse
19 to retain as a resident any person who resides in a part of
20 the facility that does not participate in the Medical
21 Assistance Program and who is unable to pay for his or her
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1 care in the facility without Medical Assistance only if:
2 (1) the facility, no later than at the time of
3 admission, explains to the resident (unless he or she is
4 incompetent) and to the resident's representative, in
5 writing, that the facility may discharge the resident if
6 the resident is no longer able to pay for his or her care
7 in the facility without Medical Assistance;
8 (2) the resident (unless he or she is incompetent)
9 and the resident's representative, acknowledge in writing
10 that they have received the written explanation.
11 (a-10) For the purposes of this Section, a recipient or
12 applicant shall be considered a resident in the facility
13 during any hospital stay totaling 10 days or less following a
14 hospital admission. The Illinois Department of Public Aid
15 shall recoup funds from a facility when, as a result of the
16 facility's refusal to readmit a recipient after
17 hospitalization for 10 days or less, the recipient incurs
18 hospital bills in an amount greater than the amount that
19 would have been paid by that Department for care of the
20 recipient in the facility. The amount of the recoupment shall
21 be the difference between the Illinois Department of Public
22 Aid's payment for hospital care and the amount that
23 Department would have paid for care in the facility.
24 (b) A facility which violates this Section shall be
25 guilty of a business offense and fined not less than $500 nor
26 more than $1,000 for the first offense and not less than
27 $1,000 nor more than $5,000 for each subsequent offense.
28 (Source: P.A. 85-1231.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".