102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB0191

 

Introduced 2/9/2021, by Sen. Meg Loughran Cappel

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 9/90
210 ILCS 9/93 new
210 ILCS 45/2-201  from Ch. 111 1/2, par. 4152-201

    Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Directs assisted living establishments and facilities licensed under the Nursing Home Care Act to institute written policies and procedures regarding the acceptance of personal gifts from a resident or the family member of a resident. Requires assisted living establishments and facilities to include in all employment contracts a provision that prohibits acceptance of a monetary gift from a resident or the family member of a resident, which shall also notify the employee of the need to enter into a repayment agreement to recoup the value of any gift accepted by staff from a resident or the family member of a resident that is not returned promptly. Provides that if the employee agrees to and signs the repayment agreement, the assisted living establishment or facility shall be permitted to withhold up to 15% of the employee's wages per paycheck, or a higher amount from the employee's final compensation, until the employee has paid back the full value of the monetary gift.


LRB102 15018 CPF 20373 b

 

 

A BILL FOR

 

SB0191LRB102 15018 CPF 20373 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 Assisted Living and Shared Housing Act is
5amended by changing Section 90 and by adding Section 93 as
6follows:
 
7    (210 ILCS 9/90)
8    Sec. 90. Contents of service delivery contract. A contract
9between an establishment and a resident must be entitled
10"assisted living establishment contract" or "shared housing
11establishment contract" as applicable, shall be printed in no
12less than 12 point type, and shall include at least the
13following elements in the body or through supporting documents
14or attachments:
15        (1) the name, street address, and mailing address of
16    the establishment;
17        (2) the name and mailing address of the owner or
18    owners of the establishment and, if the owner or owners
19    are not natural persons, the type of business entity of
20    the owner or owners;
21        (3) the name and mailing address of the managing agent
22    of the establishment, whether hired under a management
23    agreement or lease agreement, if the managing agent is

 

 

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1    different from the owner or owners;
2        (4) the name and address of at least one natural
3    person who is authorized to accept service on behalf of
4    the owners and managing agent;
5        (5) a statement describing the license status of the
6    establishment and the license status of all providers of
7    health-related or supportive services to a resident under
8    arrangement with the establishment;
9        (6) the duration of the contract;
10        (7) the base rate to be paid by the resident and a
11    description of the services to be provided as part of this
12    rate;
13        (8) a description of any additional services to be
14    provided for an additional fee by the establishment
15    directly or by a third party provider under arrangement
16    with the establishment;
17        (9) the fee schedules outlining the cost of any
18    additional services;
19        (10) a description of the process through which the
20    contract may be modified, amended, or terminated;
21        (11) a description of the establishment's complaint
22    resolution process available to residents and notice of
23    the availability of the Department on Aging's Senior
24    Helpline for complaints;
25        (12) the name of the resident's designated
26    representative, if any;

 

 

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1        (13) the resident's obligations in order to maintain
2    residency and receive services including compliance with
3    all assessments required under Section 15;
4        (14) the billing and payment procedures and
5    requirements;
6        (15) a statement affirming the resident's freedom to
7    receive services from service providers with whom the
8    establishment does not have a contractual arrangement,
9    which may also disclaim liability on the part of the
10    establishment for those services;
11        (16) a statement that medical assistance under Article
12    V or Article VI of the Illinois Public Aid Code is not
13    available for payment for services provided in an
14    establishment, excluding contracts executed with residents
15    residing in licensed establishments participating in the
16    Department on Aging's Comprehensive Care in Residential
17    Settings Demonstration Project;
18        (17) a statement detailing the admission, risk
19    management, and residency termination criteria and
20    procedures;
21        (18) a statement listing the rights specified in
22    Section 95 and acknowledging that, by contracting with the
23    assisted living or shared housing establishment, the
24    resident does not forfeit those rights;
25        (19) a statement detailing the Department's annual
26    on-site review process including what documents contained

 

 

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1    in a resident's personal file shall be reviewed by the
2    on-site reviewer as defined by rule; and
3        (20) a statement outlining whether the establishment
4    charges a community fee and, if so, the amount of the fee
5    and whether it is refundable; if the fee is refundable,
6    the contract must describe the conditions under which it
7    is refundable and how the amount of the refund is
8    determined; and .
9        (21) a statement outlining the policies and procedures
10    of the establishment regarding the acceptance of personal
11    gifts from a resident or the family member of a resident,
12    consistent with Section 93.
13(Source: P.A. 93-775, eff. 1-1-05; 94-256, eff. 7-19-05.)
 
14    (210 ILCS 9/93 new)
15    Sec. 93. Personal gifts. An assisted living establishment
16shall institute written policies and procedures regarding the
17acceptance of personal gifts from a resident or the family
18member of a resident. The assisted living establishment shall
19also prohibit the receipt of a monetary gift, including, but
20not limited to, cash, a cash equivalent, a gift card, or
21merchandise from a resident or the family member of a
22resident. The assisted living establishment shall require that
23all employment contracts include a provision prohibiting staff
24from receiving monetary gifts from a resident or the family
25member of a resident. The provision shall also provide for a

 

 

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1repayment agreement to recoup the value of any monetary gift
2received by staff from a resident that was not returned to the
3resident. The repayment agreement shall allow the assisted
4living establishment to withhold up to 15% of an employee's
5wages per paycheck, or a higher amount from the employee's
6final compensation, to repay the resident the full value of
7the monetary gift. If there is an event that triggers the need
8for a repayment agreement, and the employer and employee agree
9to a repayment agreement, the employee must sign that
10agreement before the employer begins to withhold wages.
 
11    Section 10. The Nursing Home Care Act is amended by
12changing Section 2-201 as follows:
 
13    (210 ILCS 45/2-201)  (from Ch. 111 1/2, par. 4152-201)
14    Sec. 2-201. To protect the residents' funds, the facility:
15    (1) Shall at the time of admission provide, in order of
16priority, each resident, or the resident's guardian, if any,
17or the resident's representative, if any, or the resident's
18immediate family member, if any, with a written statement
19explaining to the resident and to the resident's spouse (a)
20their spousal impoverishment rights, as defined at Section 5-4
21of the Illinois Public Aid Code, and at Section 303 of Title
22III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
23100-360), (b) their obligation to comply with the asset and
24income disclosure requirements of Title XIX of the federal

 

 

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1Social Security Act and the regulations duly promulgated
2thereunder, except that this item (b) does not apply to
3facilities operated by the Illinois Department of Veterans'
4Affairs that do not participate in Medicaid, and (c) the
5resident's rights regarding personal funds and listing the
6services for which the resident will be charged. The facility
7shall obtain a signed acknowledgment from each resident or the
8resident's guardian, if any, or the resident's representative,
9if any, or the resident's immediate family member, if any,
10that such person has received the statement and understands
11that failure to comply with asset and income disclosure
12requirements may result in the denial of Medicaid eligibility.
13    (2) May accept funds from a resident for safekeeping and
14managing, if it receives written authorization from, in order
15of priority, the resident or the resident's guardian, if any,
16or the resident's representative, if any, or the resident's
17immediate family member, if any; such authorization shall be
18attested to by a witness who has no pecuniary interest in the
19facility or its operations, and who is not connected in any way
20to facility personnel or the administrator in any manner
21whatsoever.
22    (3) Shall maintain and allow, in order of priority, each
23resident or the resident's guardian, if any, or the resident's
24representative, if any, or the resident's immediate family
25member, if any, access to a written record of all financial
26arrangements and transactions involving the individual

 

 

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1resident's funds.
2    (4) Shall provide, in order of priority, each resident, or
3the resident's guardian, if any, or the resident's
4representative, if any, or the resident's immediate family
5member, if any, with a written itemized statement at least
6quarterly, of all financial transactions involving the
7resident's funds.
8    (5) Shall purchase a surety bond, or otherwise provide
9assurance satisfactory to the Departments of Public Health and
10Insurance that all residents' personal funds deposited with
11the facility are secure against loss, theft, and insolvency.
12    (6) Shall keep any funds received from a resident for
13safekeeping in an account separate from the facility's funds,
14and shall at no time withdraw any part or all of such funds for
15any purpose other than to return the funds to the resident upon
16the request of the resident or any other person entitled to
17make such request, to pay the resident his allowance, or to
18make any other payment authorized by the resident or any other
19person entitled to make such authorization.
20    (7) Shall deposit any funds received from a resident in
21excess of $100 in an interest bearing account insured by
22agencies of, or corporations chartered by, the State or
23federal government. The account shall be in a form which
24clearly indicates that the facility has only a fiduciary
25interest in the funds and any interest from the account shall
26accrue to the resident. The facility may keep up to $100 of a

 

 

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1resident's money in a non-interest bearing account or petty
2cash fund, to be readily available for the resident's current
3expenditures.
4    (8) Shall return to the resident, or the person who
5executed the written authorization required in subsection (2)
6of this Section, upon written request, all or any part of the
7resident's funds given the facility for safekeeping, including
8the interest accrued from deposits.
9    (9) Shall (a) place any monthly allowance to which a
10resident is entitled in that resident's personal account, or
11give it to the resident, unless the facility has written
12authorization from the resident or the resident's guardian or
13if the resident is a minor, his parent, to handle it
14differently, (b) take all steps necessary to ensure that a
15personal needs allowance that is placed in a resident's
16personal account is used exclusively by the resident or for
17the benefit of the resident, and (c) where such funds are
18withdrawn from the resident's personal account by any person
19other than the resident, require such person to whom funds
20constituting any part of a resident's personal needs allowance
21are released, to execute an affidavit that such funds shall be
22used exclusively for the benefit of the resident.
23    (10) Unless otherwise provided by State law, upon the
24death of a resident, shall provide the executor or
25administrator of the resident's estate with a complete
26accounting of all the resident's personal property, including

 

 

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1any funds of the resident being held by the facility.
2    (11) If an adult resident is incapable of managing his
3funds and does not have a resident's representative, guardian,
4or an immediate family member, shall notify the Office of the
5State Guardian of the Guardianship and Advocacy Commission.
6    (12) If the facility is sold, shall provide the buyer with
7a written verification by a public accountant of all
8residents' monies and properties being transferred, and obtain
9a signed receipt from the new owner.
10    (13) Shall establish written policies and procedures
11regarding the acceptance of personal gifts from a resident or
12the family member of a resident consistent with this
13paragraph. The facility shall include in all employment
14contracts a provision that prohibits acceptance of a monetary
15gift, including, but not limited to, cash, a cash equivalent,
16a gift card, or merchandise, from a resident or the family
17member of a resident. The provision shall also notify the
18employee of the need to enter into a repayment agreement to
19recoup the value of any gift accepted by an employee from a
20resident or the family member of a resident that is not
21returned promptly. If the employee agrees to and signs the
22repayment agreement, the facility shall be permitted to
23withhold up to 15% of the employee's wages per paycheck, or a
24higher amount from the employee's final compensation, until
25the employee has paid back the full value of the monetary gift.
26The facility shall forward all recovered funds to the resident

 

 

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1or the resident's estate as soon as is feasible.
2(Source: P.A. 98-523, eff. 8-23-13.)