Full Text of HB1729 95th General Assembly
HB1729eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Assisted Living and Shared Housing Act is | 5 |
| amended by changing Section 160 as follows:
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| (210 ILCS 9/160)
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| Sec. 160. Assisted Living and Shared Housing Regulatory | 8 |
| Fund. There is
created in the
State treasury a special fund to | 9 |
| be known as the Assisted Living and Shared
Housing Regulatory
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| Fund. All moneys received by the Department under this Act and | 11 |
| the Board and Care Home Registration Act shall be deposited
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| into the Fund.
Subject to appropriation, moneys in the Fund | 13 |
| shall be used for the
administration of this Act and the Board | 14 |
| and Care Home Registration Act.
Interest earned on moneys in | 15 |
| the Fund shall be deposited into the Fund.
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| (Source: P.A. 94-21, eff. 1-1-06.)
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| Section 10. The Hospital Licensing Act is amended by | 18 |
| changing Section 6.09 as follows:
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| (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
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| Sec. 6.09. (a) In order to facilitate the orderly | 21 |
| transition of aged
and disabled patients from hospitals to |
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| post-hospital care, whenever a
patient who qualifies for the
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| federal Medicare program is hospitalized, the patient shall be | 3 |
| notified
of discharge at least
24 hours prior to discharge from
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| the hospital. With regard to pending discharges to a skilled | 5 |
| nursing facility or if home health services are ordered, the | 6 |
| hospital must inform its designated case coordination unit, as | 7 |
| defined in 89 Ill. Adm. Code 240.260, of the pending discharge | 8 |
| and must provide the patient with the case coordination unit's | 9 |
| telephone number and other contact information.
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| (b) Every hospital shall develop procedures for a physician | 11 |
| with medical
staff privileges at the hospital or any | 12 |
| appropriate medical staff member to
provide the discharge | 13 |
| notice prescribed in subsection (a) of this Section. The | 14 |
| procedures must include prohibitions against discharging or | 15 |
| referring a patient to any of the following if unlicensed, | 16 |
| uncertified, or unregistered: (i) a board and care facility, as | 17 |
| defined in the Board and Care Home Registration Act; (ii) an | 18 |
| assisted living and shared housing establishment, as defined in | 19 |
| the Assisted Living and Shared Housing Act; (iii) a facility | 20 |
| licensed under the Nursing Home Care Act; (iv) a supportive | 21 |
| living facility, as defined in Section 5-5.01a of the Illinois | 22 |
| Public Aid Code; or (v) a free-standing hospice facility | 23 |
| licensed under the Hospice Program Licensing Act if licensure, | 24 |
| certification, or registration is required. The Department of | 25 |
| Public Health shall annually provide hospitals with a list of | 26 |
| licensed, certified, or registered board and care facilities, |
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| assisted living and shared housing establishments, nursing | 2 |
| homes, supportive living facilities, and hospice facilities. | 3 |
| Reliance upon this list by a hospital shall satisfy compliance | 4 |
| with this requirement.
The procedure may also include a waiver | 5 |
| for any case in which a discharge
notice is not feasible due to | 6 |
| a short length of stay in the hospital by the patient,
or for | 7 |
| any case in which the patient voluntarily desires to leave the
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| hospital before the expiration of the
24 hour period.
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| (c) At least
24 hours prior to discharge from the hospital, | 10 |
| the
patient shall receive written information on the patient's | 11 |
| right to appeal the
discharge pursuant to the
federal Medicare | 12 |
| program, including the steps to follow to appeal
the discharge | 13 |
| and the appropriate telephone number to call in case the
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| patient intends to appeal the discharge.
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| (Source: P.A. 94-335, eff. 7-26-05.)
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| Section 15. The Board and Care Home Registration Act is | 17 |
| amended by changing Sections 1, 2a, 3, and 7 as follows:
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| (225 ILCS 7/1)
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| Sec. 1. Short title. This Act may be cited as the Board and | 20 |
| Care Home Registration Act.
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| (Source: P.A. 89-387, eff. 8-20-95.)
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| (225 ILCS 7/2a)
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| Sec. 2a. Staff. The staff of the facility may provide room,
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| housekeeping, meals, protective oversight and other types of | 2 |
| assistance to the
residents , as permitted under the Assisted | 3 |
| Living and Shared Housing Act .
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| (Source: P.A. 89-387, eff. 8-20-95.)
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| (225 ILCS 7/3)
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| Sec. 3. Licensure
Registration .
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| (a) Every board and care home located in this
State shall | 8 |
| be licensed by
register with the Department. Registration shall | 9 |
| be in the form
prescribed by the Department as a shared housing | 10 |
| or assisted living establishment under the Assisted Living and | 11 |
| Shared Housing Act.
and shall include the following:
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| (1) The name, address, and telephone number of the | 13 |
| facility.
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| (2) The name, address, and telephone number of the | 15 |
| owner of the facility.
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| (3) The number of residents of the facility.
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| (4) A registration fee, as determined, by the | 18 |
| Department.
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| (b) (Blank).
Every registration issued under this Act shall | 20 |
| be valid for 2 years.
Upon
renewal, the facility must re-apply | 21 |
| and meet the registration requirements
under this Section.
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| (c) (Blank).
The Department shall promulgate rules to | 23 |
| protect the rights and safety
of
the residents and to enforce | 24 |
| the provisions of this Act.
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| (d) No public official, agent, or employee may place any |
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| person in, or recommend that any person be placed in, or | 2 |
| directly or indirectly cause any person to be placed in any | 3 |
| board and care home that is not licensed as an assisted living | 4 |
| or shared housing establishment
registered . | 5 |
| (e) No public official, agent, or employee may place the | 6 |
| name of an unlicensed
unregistered establishment that is | 7 |
| required to be licensed
registered under this Act on a list of | 8 |
| programs. | 9 |
| (f) Failure of a board and care home to comply with the | 10 |
| provisions of this Section is punishable by a fine of up to | 11 |
| $1,000. | 12 |
| (g) Failure of a board and care home to comply with the | 13 |
| provisions of this Section within 90 days after the initial | 14 |
| finding of noncompliance is punishable by a fine of $1,000 on | 15 |
| each day the provisions of this Section are not complied with.
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| (Source: P.A. 94-21, eff. 1-1-06.)
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| (225 ILCS 7/7)
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| Sec. 7. Assisted Living and Shared Housing Regulatory Fund. | 19 |
| All licensure
registration fees and fines collected pursuant to | 20 |
| the provisions of this Act shall be deposited into the Assisted | 21 |
| Living and Shared Housing Regulatory Fund. Subject to | 22 |
| appropriation, moneys deposited into the Fund shall be used for | 23 |
| the administration of this Act and the Assisted Living and | 24 |
| Shared Housing Act.
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| (Source: P.A. 94-21, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.
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