HB2216 103RD GENERAL ASSEMBLY

LRB103 00169 AWJ 45175 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2216

Introduced 2/8/2023, by Rep. Michael J. Kelly

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-6-12 new
70 ILCS 705/11n new

Amends the Fire Protection District Act and the Illinois Municipal Code. Provides that municipalities and fire protection districts may fix, charge, and collect reasonable fees from independent living facilities, assisted living facilities, nursing home facilities, or other similar congregate care facilities for all lift-assist services rendered by a fire department, firefighter, emergency response unit, public safety employee of a municipal department, or fire protection district in connection with providing lift-assist services to a patient or other individual. Provides that the fees may not exceed the actual personnel and equipment costs for all services rendered by the municipality or fire protection district in connection with providing lift-assist services to a patient or other individual. Provides that the municipality or fire protection district may require a facility to enter into a written agreement to reimburse the municipality or fire protection district for the costs of injuries suffered at the facility by municipal or district personnel when providing lift-assist services, including, but not limited to, costs of medical treatment, payments required under the Public Safety Employee Benefits Act, disability payments, and pension payments for injured personnel, but provides that any such agreement does not relieve the municipality or fire protection district of a statutory or contractual obligation it may have to its employees for an injury suffered relating to lift-assist services rendered. Contains provisions relating to third-party claims and intervention in a suit relating to claims made by a municipal or fire protection district employee for an injury suffered relating to lift-assist services rendered.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by adding Section 11-6-12 as follows:

(65 ILCS 5/11-6-12 new)

Sec. 11-6-12. Reimbursement for lift-assist services.

(a) For purposes of this Section, the term "lift-assist service" means a response to an independent living facility, assisted living facility, nursing home facility, or other similar congregate care facility, by personnel of a fire department, emergency response unit, or a unit of another public safety department providing automatic or mutual aid to a municipality, in order to lift a patient or other individual from the individual's current position to a desired position. "Lift-assist service" does not include a response to a request for transportation via ambulance to a health care facility.

(b) Municipalities may fix, charge, and collect reasonable fees from independent living facilities, assisted living facilities, nursing home facilities, or other similar congregate care facilities for all lift-assist services rendered by a municipal fire department, firefighter, emergency response unit, or public safety employee of a municipal department in connection with providing lift-assist services to a patient or other individual.

The fees may not exceed the actual personnel and equipment costs for all services rendered by the municipality in connection with providing lift-assist services to a patient or other individual.

(c) In addition to the fees imposed, a municipality may require an independent living facility, assisted living facility, nursing home facility, or other similar congregate care facility to which a municipal department may respond to a request in which lift-assist services may be rendered to enter into a written agreement to reimburse the municipality for the costs of injuries suffered at the facility by municipal personnel when providing lift-assist services, including, but not limited to, costs of medical treatment, payments required under the Public Safety Employee Benefits Act, disability payments, and pension payments for injured municipal personnel. Any such agreement does not relieve the municipality of a statutory or contractual obligation it may have to its employees for an injury suffered relating to lift-assist services rendered. An independent living facility, assisted living facility, nursing home facility, or other similar congregate care facility with which the municipality has such an agreement may not be made a third party to claims made by a municipal employee and does not have the right to intervene in claims made by the municipal employee for an injury suffered relating to lift-assist services rendered.

Section 10. The Fire Protection District Act is amended by adding Section 11n as follows:

(70 ILCS 705/11n new)

Sec. 11n. Reimbursement for lift-assist services.

(a) For purposes of this Section, the term "lift-assist service" means a response to an independent living facility, assisted living facility, nursing home facility, or other similar congregate care facility, by personnel of a fire protection district, in order to lift a patient or other individual from the individual's current position to a desired position. "Lift-assist service" does not include a response to a request for transportation via ambulance to a health care facility.

(b) A fire protection district may fix, charge, and collect reasonable fees from independent living facilities, assisted living facilities, nursing home facilities, or other similar congregate care facilities for all lift-assist services rendered by the fire protection district in connection with providing lift-assist services to a patient or other individual.

The fees may not exceed the actual personnel and equipment costs for all services rendered by the fire protection district in connection with providing lift-assist services to a patient or other individual.

(c) In addition to the fees imposed, a fire protection district may require an independent living facility, assisted living facility, nursing home facility, or other similar congregate care facility to which a fire protection district may respond to a request in which lift-assist services may be rendered to enter into a written agreement to reimburse the fire protection district for the costs of injuries suffered at the facility by fire protection district personnel when providing lift-assist services, including, but not limited to, costs of medical treatment, payments required under the Public Safety Employee Benefits Act, disability payments, and pension payments for injured fire protection district personnel. Any such agreement does not relieve the fire protection district of a statutory or contractual obligation it may have to its employees for an injury suffered relating to lift-assist services rendered. An independent living facility, assisted living facility, nursing home facility, or other similar congregate care facility with which the fire protection district has such an agreement may not be made a third party to claims made by a fire protection district employee and does not have the right to intervene in claims made by the fire protection district employee for an injury suffered relating to lift-assist services rendered.