HB3666 EngrossedLRB102 13525 CPF 18872 b


  
1    AN ACT concerning regulation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Nursing Home Care Act is amended  by 
5changing Section 3-401 as follows:
 



6    (210 ILCS 45/3-401)  (from Ch. 111 1/2, par. 4153-401)



7    Sec. 3-401. 
A facility may involuntarily transfer or 
8discharge a resident
only for one or more of the following 
9reasons:


10        (a) for medical reasons;


11        (b) for the resident's physical safety;


12        (c) for the physical safety of other residents, the 
13    facility staff or
facility visitors; or


14        (d) for either late payment or nonpayment for the 
15    resident's stay, except
as prohibited by Titles XVIII and 
16    XIX of the federal Social
Security Act.  For purposes of 
17    this Section, "late payment" means non-receipt
of payment 
18    after submission of a bill.  
19            (1) If payment is not received within 45
days 
20        after submission of a bill, a facility may send a 
21        notice to the resident
and responsible party 
22        requesting payment within 30 days.  If payment is not

23        received within such 30 days, the facility may 
 
 
HB3666 Engrossed- 2 -LRB102 13525 CPF 18872 b

1        thereupon institute transfer
or discharge proceedings 
2        by
sending a notice of transfer or discharge to the 
3        resident and responsible
party by registered or 
4        certified mail.  The notice shall state, in addition
to 
5        the requirements of Section 3-403 of this Act, that 
6        the responsible
party has the right to pay the amount 
7        of the bill in full up to the date
the transfer or 
8        discharge is to be made and then the resident shall 
9        have
the right to remain in the facility.  Such payment 
10        shall terminate the
transfer or discharge proceedings.  
11        This subsection does not apply to those
residents 
12        whose care is provided for under the Illinois Public 
13        Aid Code.
The Department shall adopt rules setting 
14        forth the criteria and procedures
to be applied in 
15        cases of involuntary transfer or discharge permitted

16        under this Section. 
17            (2) A facility may submit to a resident or a 
18        resident's legal representative a bill for all charges 
19        for which payment was not made during the COVID-19 
20        pandemic. If payment is not made or if the resident or 
21        the resident's legal representative does not contact 
22        the facility to set up a payment schedule acceptable 
23        to the facility within 45 days after submission of a  
24        bill,  the facility may submit a request for payment. 
25        Thirty days after receipt of the request for payment, 
26        the facility may initiate an involuntary transfer or 
 
 
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1        discharge of the resident pursuant to this Section. If 
2        the resident or the resident's legal representative 
3        submits evidence of the resident's financial inability 
4        to cover all charges, the facility shall make 
5        application on behalf of the resident for Medicaid 
6        services.  Upon approval of the resident's application, 
7        the State shall pay the resident's bill, retroactive 
8        to the date the resident failed to make payment. A 
9        resident's discharge prior to this action does not 
10        eliminate a resident's responsibility to pay for all 
11        services rendered. This paragraph (2) does not apply 
12        to a resident whose care is provided for under the 
13        Illinois Public Aid Code or who has submitted an 
14        application for care to be provided under the Illinois 
15        Public Aid Code. 
16(Source: P.A. 91-357, eff. 7-29-99.)

 
 
17    Section 99. Effective date. This Act takes effect upon 
18becoming law.