HB3644 98TH GENERAL ASSEMBLY

LRB098 12505 RPM 47031 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3644

Introduced , by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

210 ILCS 47/3-401
210 ILCS 47/3-417

Amends the ID/DD Community Care Act. Requires that any transfer or discharge of a resident under the Discharge and Transfer Part of the Licensing, Enforcement, Violations, Penalties and Remedies Article of the Act must be approved in writing by the medical director of the facility initiating the transfer or discharge. Provides that the facility from which a resident is transferred or discharged shall notify the resident in writing of the availability of relocation assistance from the Department of Public Health.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The ID/DD Community Care Act is amended by changing Sections 3-401 and 3-417 as follows:

(210 ILCS 47/3-401)

Sec. 3-401. Involuntary transfer or discharge of resident.

A facility may involuntarily transfer or discharge a resident only for one or more of the following reasons:

(a) for medical reasons;

(b) for the resident's physical safety;

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

(d) for either late payment or nonpayment for the resident's stay, except as prohibited by Titles XVIII and XIX of the federal Social Security Act. For purposes of this Section, "late payment" means non-receipt of payment after submission of a bill. If payment is not received within 45 days after submission of a bill, a facility may send a notice to the resident and responsible party requesting payment within 30 days. If payment is not received within such 30 days, the facility may thereupon institute transfer or discharge proceedings by sending a notice of transfer or discharge to the resident and responsible party by registered or certified mail. The notice shall state, in addition to the requirements of Section 3-403 of this Act, that the responsible party has the right to pay the amount of the bill in full up to the date the transfer or discharge is to be made and then the resident shall have the right to remain in the facility. Such payment shall terminate the transfer or discharge proceedings. This subsection does not apply to those residents whose care is provided for under the Illinois Public Aid Code.

Any transfer or discharge under this Part 4 must be approved in writing by the medical director of the facility initiating the transfer or discharge. The Department shall adopt rules setting forth the criteria and procedures to be applied in cases of involuntary transfer or discharge permitted under this Section.

(Source: P.A. 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10.)

(210 ILCS 47/3-417)

Sec. 3-417. Relocation assistance. The Department shall offer transfer or discharge and relocation assistance to residents transferred or discharged under Sections 3-401 through 3-415, including information on available alternative placements. Residents shall be involved in planning the transfer or discharge and shall choose among the available alternative placements, except that where an emergency makes prior resident involvement impossible the Department may make a temporary placement until a final placement can be arranged. Residents may choose their final alternative placement and shall be given assistance in transferring to such place. No resident may be forced to remain in a temporary or permanent placement. Where the Department makes or participates in making the relocation decision, consideration shall be given to proximity to the resident's relatives and friends. The resident shall be allowed 3 visits to potential alternative placements prior to removal, except where medically contraindicated or where the need for immediate transfer or discharge requires reduction in the number of visits. The facility from which the resident is transferred or discharged shall notify the resident in writing of the availability of relocation assistance from the Department.

(Source: P.A. 96-339, eff. 7-1-10.)