96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5223


 
Introduced 2/3/2010, by Rep. Dan Reitz
 
SYNOPSIS AS INTRODUCED:
 		





 


  




20 ILCS 105/8.09 new





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








     Amends the Illinois Act on the Aging. Provides that no employee of the Department on Aging, the Area Agencies on Aging, or any agency under contract with the Department, shall make referrals to or disseminate information, either orally or in writing, regarding  an unlicensed or uncertified program that is required by law to be licensed or certified. Further provides that information and referrals regarding a board and care home may not be made or provided unless the board and care home has furnished the Department or agency with a copy of its assisted living and shared housing license. Amends the Hospital Licensing Act. Requires hospitals to  develop patient discharge procedures that include prohibitions against discharging or referring a patient to certain facilities if  unlicensed or uncertified (rather than unlicensed, uncertified, or unregistered). Requires a board and care home to provide a hospital with a copy of its assisted living and shared housing license. Effective immediately.
  















LRB096 18387 KTG 33764 b

















 


 


A BILL FOR









 




  






HB5223

LRB096 18387 KTG 33764 b





  
1
    AN ACT concerning aging.
  
 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:
  
 
 
4
    Section 5. The Illinois Act on the Aging is amended by 
5
adding Section 8.09 as follows:
 
6
    (20 ILCS 105/8.09 new)
7
    Sec. 8.09. Unlicensed or uncertified programs; board and 
8
care homes. No employee of the Department, the Area Agencies on 
9
Aging, or any agency under contract with the Department, shall 
10
make referrals to or disseminate information, either orally or 
11
in writing, regarding  an unlicensed or uncertified program that 
12
is required by law to be licensed or certified. Information and 
13
referrals regarding a board and care home may not be made or 
14
provided unless the board and care home has furnished the 
15
Department or agency with a copy of its assisted living and 
16
shared housing license. Use of the Department of Public 
17
Health's annual list of licensed and certified facilities shall 
18
satisfy compliance with this Section for all other programs.
 
19
    Section 10. The Hospital Licensing Act is amended  by 
20
changing Section 6.09 as follows:
 


21
    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)


 


 






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1
    (Text of Section before amendment by P.A. 96-339)

2
    Sec. 6.09. (a) In order to facilitate the orderly 
3
transition of aged
and disabled patients from hospitals to 
4
post-hospital care, whenever a
patient who qualifies for the

5
federal Medicare program is hospitalized, the patient shall be 
6
notified
of discharge at least
24 hours prior to discharge from

7
the hospital. With regard to pending discharges to  a skilled 
8
nursing facility, the hospital must notify the case 
9
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at 
10
least 24 hours prior to discharge or, if home health services 
11
are  ordered, the hospital must inform its designated case 
12
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of 
13
the pending discharge and must provide the patient with the 
14
case coordination unit's telephone number and other contact 
15
information.


16
    (b) Every hospital shall develop procedures for a physician 
17
with medical
staff privileges at the hospital or any 
18
appropriate medical staff member to
provide the discharge 
19
notice prescribed in subsection (a) of this Section. The 
20
procedures must include prohibitions against discharging or 
21
referring a patient to any of the following if unlicensed or , 
22
uncertified, or unregistered: (i) a board and care facility, as 
23
defined in the Board and Care Home Act; (ii) an assisted living 
24
and shared housing establishment, as defined in the Assisted 
25
Living and Shared Housing Act;  (iii) a facility licensed under 
26
the Nursing Home Care Act; (iv) a supportive living facility, 
 


 






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1
as defined in Section 5-5.01a of the Illinois Public Aid Code;  
2
or (v) a free-standing hospice facility licensed under the 
3
Hospice Program Licensing Act if licensure or , certification, 
4
or registration is required.  The Department of Public Health 
5
shall annually provide hospitals with a list of licensed and , 
6
certified, or registered board and care facilities, assisted 
7
living and shared housing establishments, nursing homes, 
8
supportive living facilities, and hospice facilities. Reliance 
9
upon this list by a hospital shall satisfy compliance with this 
10
requirement for all types of facilities except a board and care 
11
home, which must provide a hospital with a copy of its assisted 
12
living and shared housing license.
The procedure may also 
13
include a waiver for any case in which a discharge
notice is 
14
not feasible due to a short length of stay in the hospital by 
15
the patient,
or for any case in which the patient voluntarily 
16
desires to leave the
hospital before the expiration of the
24 
17
hour period.

18
    (c) At least
24 hours prior to discharge from the hospital, 
19
the
patient shall receive written information on the patient's 
20
right to appeal the
discharge pursuant to the
federal Medicare 
21
program, including the steps to follow to appeal
the discharge 
22
and the appropriate telephone number to call in case the

23
patient intends to appeal the discharge.

24
(Source: P.A. 94-335, eff. 7-26-05; 95-80, eff. 8-13-07; 
25
95-651, eff. 10-11-07; 95-876, eff. 8-21-08.)

 
 


 






HB5223
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1
    (Text of Section after amendment by P.A. 96-339)
2
    Sec. 6.09. (a) In order to facilitate the orderly 
3
transition of aged
and disabled patients from hospitals to 
4
post-hospital care, whenever a
patient who qualifies for the

5
federal Medicare program is hospitalized, the patient shall be 
6
notified
of discharge at least
24 hours prior to discharge from

7
the hospital. With regard to pending discharges to  a skilled 
8
nursing facility, the hospital must notify the case 
9
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at 
10
least 24 hours prior to discharge or, if home health services 
11
are  ordered, the hospital must inform its designated case 
12
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of 
13
the pending discharge and must provide the patient with the 
14
case coordination unit's telephone number and other contact 
15
information.


16
    (b) Every hospital shall develop procedures for a physician 
17
with medical
staff privileges at the hospital or any 
18
appropriate medical staff member to
provide the discharge 
19
notice prescribed in subsection (a) of this Section. The 
20
procedures must include prohibitions against discharging or 
21
referring a patient to any of the following if unlicensed or , 
22
uncertified, or unregistered: (i) a board and care facility, as 
23
defined in the Board and Care Home Act; (ii) an assisted living 
24
and shared housing establishment, as defined in the Assisted 
25
Living and Shared Housing Act;  (iii) a facility licensed under 
26
the Nursing Home Care Act or the MR/DD Community Care Act; (iv) 
 


 






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1
a supportive living facility, as defined in Section 5-5.01a of 
2
the Illinois Public Aid Code;  or (v) a free-standing hospice 
3
facility licensed under the Hospice Program Licensing Act if 
4
licensure or , certification, or registration is required.  The 
5
Department of Public Health shall annually provide hospitals 
6
with a list of licensed and , certified, or registered board 
7
and care facilities, assisted living and shared housing 
8
establishments, nursing homes, supportive living facilities, 
9
facilities licensed under the MR/DD Community Care Act, and 
10
hospice facilities. Reliance upon this list by a hospital shall 
11
satisfy compliance with this requirement for all types of 
12
facilities except a board and care home, which must provide a 
13
hospital with a copy of its assisted living and shared housing 
14
license.
The procedure may also include a waiver for any case 
15
in which a discharge
notice is not feasible due to a short 
16
length of stay in the hospital by the patient,
or for any case 
17
in which the patient voluntarily desires to leave the
hospital 
18
before the expiration of the
24 hour period.

19
    (c) At least
24 hours prior to discharge from the hospital, 
20
the
patient shall receive written information on the patient's 
21
right to appeal the
discharge pursuant to the
federal Medicare 
22
program, including the steps to follow to appeal
the discharge 
23
and the appropriate telephone number to call in case the

24
patient intends to appeal the discharge.

25
(Source: P.A. 95-80, eff. 8-13-07; 95-651, eff. 10-11-07; 
26
95-876, eff. 8-21-08; 96-339, eff. 7-1-10.)

 
 


 






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1
    Section 95. No acceleration or delay. Where this Act makes 
2
changes in a statute that is represented in this Act by text 
3
that is not yet or no longer in effect (for example, a Section 
4
represented by multiple versions), the use of that text does 
5
not accelerate or delay the taking effect of (i) the changes 
6
made by this Act or (ii) provisions derived from any other 
7
Public Act.
 
 
8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.