Public Act 095-0080
 		





HB0809 Enrolled
LRB095 09630 DRJ 29830 b






    AN ACT concerning regulation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 2. The Illinois Act on the Aging is amended  by 
changing Section 4.03 as follows:
 



    (20 ILCS 105/4.03)  (from Ch. 23, par. 6104.03)



    Sec. 4.03. The Department on Aging, in cooperation with the 
Department of
Human Services and any other appropriate State, 
local or
federal agency, shall, without regard to income 
guidelines, establish a
nursing home prescreening program to 
determine whether Alzheimer's Disease
and related disorders 
victims, and persons who are deemed as blind or
disabled as 
defined by the Social Security Act and who are in need of long

term care, may be satisfactorily cared for in their homes 
through the use
of home and community based services. 
Responsibility for prescreening shall be vested with case 
coordination units.
Prescreening shall occur: (i) when 
hospital discharge planners have advised the case coordination 
unit of the imminent risk of nursing home placement of a 
patient who meets the above criteria and in advance of 
discharge of the patient; or (ii) when a case coordination unit 
has been advised of the imminent risk of nursing home placement 
of an individual in the community.  The individual who is 
prescreened shall be informed of all appropriate options, 
including placement in a nursing home and the availability of 
in-home and community-based services and shall be advised of 
her or his right to refuse nursing home, in-home, 
community-based, or all services.  Case coordination units 
under
contract with the Department may charge a fee for the 
prescreening provided
under this Section and the fee shall be 
no greater than the cost of such
services to the case 
coordination unit.

(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)


 
    Section 5. The Hospital Licensing Act is amended  by 
changing Section 6.09 as follows:
 



    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)



    Sec. 6.09. (a) In order to facilitate the orderly 
transition of aged
and disabled patients from hospitals to 
post-hospital care, whenever a
patient who qualifies for the

federal Medicare program is hospitalized, the patient shall be 
notified
of discharge at least
24 hours prior to discharge from

the hospital. With regard to pending discharges to  a skilled 
nursing facility, the hospital must notify the case 
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at 
least 24 hours prior to discharge or, if home health services 
are  ordered, the hospital must inform its designated case 
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of 
the pending discharge and must provide the patient with the 
case coordination unit's telephone number and other contact 
information.


    (b) Every hospital shall develop procedures for a physician 
with medical
staff privileges at the hospital or any 
appropriate medical staff member to
provide the discharge 
notice prescribed in subsection (a) of this Section. The 
procedures must include prohibitions against discharging or 
referring a patient to any of the following if unlicensed, 
uncertified, or unregistered: (i) a board and care facility, as 
defined in the Board and Care Home Registration Act; (ii) an 
assisted living and shared housing establishment, as defined in 
the Assisted Living and Shared Housing Act;  (iii) a facility 
licensed under the Nursing Home Care Act; (iv) a supportive 
living facility, as defined in Section 5-5.01a of the Illinois 
Public Aid Code;  or (v) a free-standing hospice facility 
licensed under the Hospice Program Licensing Act if licensure, 
certification, or registration is required.  The Department of 
Public Health shall annually provide hospitals with a list of 
licensed, certified, or registered board and care facilities, 
assisted living and shared housing establishments, nursing 
homes, supportive living facilities, and hospice facilities. 
Reliance upon this list by a hospital shall satisfy compliance 
with this requirement.
The procedure may also include a waiver 
for any case in which a discharge
notice is not feasible due to 
a short length of stay in the hospital by the patient,
or for 
any case in which the patient voluntarily desires to leave the

hospital before the expiration of the
24 hour period.

    (c) At least
24 hours prior to discharge from the hospital, 
the
patient shall receive written information on the patient's 
right to appeal the
discharge pursuant to the
federal Medicare 
program, including the steps to follow to appeal
the discharge 
and the appropriate telephone number to call in case the

patient intends to appeal the discharge.

(Source: P.A. 94-335, eff. 7-26-05.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.