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Public Act 098-0523
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| SB1197 Enrolled | LRB098 04005 RPM 34025 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Nursing Home Care Act is amended by changing |
Section 2-201 as follows:
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(210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)
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Sec. 2-201. To protect the residents' funds, the facility:
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(1) Shall at the time of admission provide, in order of |
priority,
each resident, or the resident's guardian, if any, or |
the resident's
representative, if any, or the resident's |
immediate family member,
if any, with a written statement |
explaining to the resident and to the
resident's spouse (a) |
their spousal impoverishment rights, as defined at
Section 5-4 |
of the Illinois Public Aid Code, and at Section 303 of Title |
III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. |
100-360), and (b) their obligation to comply with the asset and |
income disclosure requirements of Title XIX of the federal |
Social Security Act and the regulations duly promulgated |
thereunder, except that this item (b) does not apply to |
facilities operated by the Illinois Department of Veterans' |
Affairs that do not participate in Medicaid, and (c) the
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resident's rights regarding personal
funds and listing the |
services for which the resident will be charged. The
facility |
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shall obtain a signed acknowledgment from each resident or the
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resident's guardian, if any, or the resident's representative, |
if any, or
the resident's immediate family member, if any, that |
such person has
received the statement and understands that |
failure to comply with asset and income disclosure requirements |
may result in the denial of Medicaid eligibility.
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(2) May accept funds from a resident for safekeeping and |
managing, if
it receives written authorization from, in order |
of priority, the resident
or the resident's guardian, if any, |
or the resident's representative,
if any, or the resident's |
immediate family member, if any; such authorization
shall be |
attested to by a witness who has no pecuniary interest in the |
facility
or its operations, and who is not connected in any way |
to facility
personnel or the administrator in any manner |
whatsoever.
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(3) Shall maintain and allow, in order of priority, each |
resident
or the resident's guardian, if any, or the resident's |
representative,
if any, or the resident's immediate family |
member, if any, access to a
written record of all financial |
arrangements and transactions involving
the individual |
resident's funds.
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(4) Shall provide, in order of priority, each resident, or |
the resident's
guardian, if any, or the resident's |
representative, if any,
or the resident's immediate family |
member, if any, with a written itemized
statement at least |
quarterly, of all financial transactions involving
the |
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resident's funds.
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(5) Shall purchase a surety bond, or otherwise provide |
assurance
satisfactory to the Departments of Public Health and |
Insurance that all
residents' personal funds deposited with the |
facility are secure against
loss, theft, and insolvency.
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(6) Shall keep any funds received from a resident for |
safekeeping in an
account separate from the facility's funds, |
and shall at no time withdraw
any part or all of such funds for |
any purpose other than to return the
funds to the resident upon |
the request of the resident or any other person
entitled to |
make such request, to pay the resident his allowance, or to
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make any other payment authorized by the resident or any other |
person
entitled to make such authorization.
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(7) Shall deposit any funds received from a resident in |
excess of $100 in
an interest bearing account insured by |
agencies of, or corporations chartered
by, the State or federal |
government. The account shall be in a form which
clearly |
indicates that the facility has only a fiduciary interest in |
the
funds and any interest from the account shall accrue to the |
resident. The
facility may keep up to $100 of a resident's |
money in a non-interest bearing
account or petty cash fund, to |
be readily available for the resident's current
expenditures.
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(8) Shall return to the resident, or the person who |
executed the written
authorization required in subsection (2) |
of this Section, upon written
request, all or any part of the |
resident's funds given the facility for
safekeeping, including |
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the interest accrued from deposits.
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(9) Shall (a) place any monthly allowance to which a |
resident is entitled
in that resident's personal account, or |
give it to the resident, unless
the facility has written |
authorization from the resident or the resident's
guardian or |
if the resident is a minor, his parent, to handle it
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differently, (b) take all steps necessary to ensure that a |
personal needs
allowance that is placed in a resident's |
personal account is used
exclusively by the resident or for the |
benefit of the resident, and
(c) where such funds are withdrawn |
from the resident's personal account by
any person other than |
the resident, require such person to whom funds
constituting |
any part of a resident's personal needs allowance are
released, |
to execute an affidavit that such funds shall be used |
exclusively
for the benefit of the resident.
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(10) Unless otherwise provided by State law, upon the death |
of a resident,
shall provide the executor or administrator of |
the resident's estate with
a complete accounting of all the |
resident's personal property, including
any funds of the |
resident being held by the facility.
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(11) If an adult resident is incapable of managing his |
funds and does
not have a resident's representative, guardian, |
or an immediate family
member, shall notify the Office of the |
State Guardian of the Guardianship
and Advocacy Commission.
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(12) If the facility is sold, shall provide the buyer with |
a written
verification by a public accountant of all residents' |