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1 | AN ACT concerning aging.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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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:
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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 )
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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
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5 | federal Medicare program is hospitalized, the patient shall be | ||||||
6 | notified
of discharge at least
24 hours prior to discharge from
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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.
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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.
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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
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23 | patient intends to appeal the discharge.
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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.)
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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.
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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.
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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
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24 | patient intends to appeal the discharge.
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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.
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8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.
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