HB4509 EngrossedLRB104 17964 BAB 31401 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 2-104.3 as follows:
 
6    (210 ILCS 45/2-104.3)
7    Sec. 2-104.3. Serious mental illness; resident review 
8rescreening.
9    (a) All persons admitted to a nursing home facility with a 
10diagnosis of serious mental illness shall receive a follow-up 
11visit by the Department of Human Services or its designee 
12within 60 days after admission. After admission, any resident 
13with a diagnosis of serious mental illness who experiences a 
14significant change in physical or mental condition as defined 
15in 42 CFR 483.20(b)(2)(ii) shall be referred by the nursing 
16facility for a resident review who remain in the facility for a 
17period of 90 days shall be re-screened by the Department of 
18Human Services or its designee within 72 hours after the 
19significant change at the end of the 90-day period, at 6 
20months, and annually thereafter to assess their continuing 
21need for nursing facility care and shall be advised of all 
22other available care options.
23    (b) The Department of Human Services, by rule, shall 
 
 
HB4509 Engrossed- 2 -LRB104 17964 BAB 31401 b

1ensure there are no provide for a prohibition on conflicts of 
2interest for pre-admission screeners. The rule shall provide 
3for waiver of those conflicts by the Department of Human 
4Services if the Department of Human Services determines that a 
5scarcity of qualified pre-admission screeners exists in a 
6given community and that, absent a waiver of conflict, an 
7insufficient number of pre-admission screeners would be 
8available. If a conflict is waived, the pre-admission screener 
9shall disclose the conflict of interest to the screened 
10individual in the manner provided for by rule of the 
11Department of Human Services. For the purposes of this 
12subsection, a "conflict of interest" includes, but is not 
13limited to, the existence of a professional or financial 
14relationship between (i) a PAS-MH corporate or a PAS-MH agent 
15performing the rescreening and (ii) a community provider or 
16long-term care facility. 
17(Source: P.A. 96-1372, eff. 7-29-10.)