Public Act 098-0255
 
HB2765 EnrolledLRB098 03998 KTG 34931 b


  
    AN ACT concerning public aid.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  



 
 
    Section 5. 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.  In addition, the individual 
being prescreened shall be informed of spousal impoverishment 
requirements, the need to submit financial information to 
access services, and the consequences for failure to do so in a 
form and manner developed jointly by the Department on Aging, 
the Department of Human Services, and the Department of 
Healthcare and Family 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. At the time of each prescreening, case 
coordination units shall provide information regarding the 
Office of State Long Term Care Ombudsman's Residents Right to 
Know database as authorized in subsection (c-5) of Section 
4.04. 

(Source: P.A. 95-80, eff. 8-13-07; 95-823, eff. 1-1-09; 96-328, 
eff. 8-11-09.)

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