Full Text of SB1197 98th General Assembly
SB1197ham002 98TH GENERAL ASSEMBLY | Rep. Daniel V. Beiser Filed: 5/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1197
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1197 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 3. The Illinois Act on the Aging is amended by | 5 | | changing Section 4.03 as follows:
| 6 | | (20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
| 7 | | Sec. 4.03. The Department on Aging, in cooperation with the | 8 | | Department of
Human Services and any other appropriate State, | 9 | | local or
federal agency, shall, without regard to income | 10 | | guidelines, establish a
nursing home prescreening program to | 11 | | determine whether Alzheimer's Disease
and related disorders | 12 | | victims, and persons who are deemed as blind or
disabled as | 13 | | defined by the Social Security Act and who are in need of long
| 14 | | term care, may be satisfactorily cared for in their homes | 15 | | through the use
of home and community based services. | 16 | | Responsibility for prescreening shall be vested with case |
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| 1 | | coordination units.
Prescreening shall occur: (i) when | 2 | | hospital discharge planners have advised the case coordination | 3 | | unit of the imminent risk of nursing home placement of a | 4 | | patient who meets the above criteria and in advance of | 5 | | discharge of the patient; or (ii) when a case coordination unit | 6 | | has been advised of the imminent risk of nursing home placement | 7 | | of an individual in the community. The individual who is | 8 | | prescreened shall be informed of all appropriate options, | 9 | | including placement in a nursing home and the availability of | 10 | | in-home and community-based services and shall be advised of | 11 | | her or his right to refuse nursing home, in-home, | 12 | | community-based, or all services. In addition, the individual | 13 | | being prescreened shall be informed of spousal impoverishment | 14 | | requirements, the need to submit financial information to | 15 | | access services, and the consequences for failure to do so in a | 16 | | form and manner developed jointly by the Department on Aging, | 17 | | the Department of Human Services, and the Department of | 18 | | Healthcare and Family Services. Case coordination units under
| 19 | | contract with the Department may charge a fee for the | 20 | | prescreening provided
under this Section and the fee shall be | 21 | | no greater than the cost of such
services to the case | 22 | | coordination unit. At the time of each prescreening, case | 23 | | coordination units shall provide information regarding the | 24 | | Office of State Long Term Care Ombudsman's Residents Right to | 25 | | Know database as authorized in subsection (c-5) of Section | 26 | | 4.04.
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| 1 | | Notice by the Department as it relates to spousal | 2 | | impoverishment requirements, the need to submit financial | 3 | | information to access services, the consequences for failure to | 4 | | do so, or the termination of benefits hereunder shall be deemed | 5 | | adequate if notice is served upon the institutionalized spouse | 6 | | or community spouse, or, if either spouse has been deemed | 7 | | incompetent or adjudicated disabled, the spouse's authorized | 8 | | legal representative, including, but not limited to, the | 9 | | spouse's agent under power of attorney or guardian. | 10 | | (Source: P.A. 95-80, eff. 8-13-07; 95-823, eff. 1-1-09; 96-328, | 11 | | eff. 8-11-09.)
| 12 | | Section 5. The Nursing Home Care Act is amended by changing | 13 | | Section 2-201 as follows:
| 14 | | (210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)
| 15 | | Sec. 2-201. To protect the residents' funds, the facility:
| 16 | | (1) Shall at the time of admission provide, in order of | 17 | | priority,
each resident, or the resident's guardian, if any, or | 18 | | the resident's
representative, if any, or the resident's | 19 | | immediate family member,
if any, with a written statement | 20 | | explaining to the resident and to the
resident's spouse (a) | 21 | | their spousal impoverishment rights, as defined at
Section 5-4 | 22 | | of the Illinois Public Aid Code, and at Section 303 of Title | 23 | | III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. | 24 | | 100-360), and (b) their obligation to comply with the asset and |
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| 1 | | income disclosure requirements of Title XIX of the federal | 2 | | Social Security Act and the regulations duly promulgated | 3 | | thereunder, except that this
item (b) does not apply to | 4 | | facilities operated by the Illinois
Department of Veterans' | 5 | | Affairs that do not participate in
the State Medicaid program,
| 6 | | and (c) the
resident's rights regarding personal
funds and | 7 | | listing the services for which the resident will be charged. | 8 | | The
facility shall obtain a signed acknowledgment from each | 9 | | resident or the
resident's guardian, if any, or the resident's | 10 | | representative, if any, or
the resident's immediate family | 11 | | member, if any, that such person has
received the statement.
| 12 | | (2) May accept funds from a resident for safekeeping and | 13 | | managing, if
it receives written authorization from, in order | 14 | | of priority, the resident
or the resident's guardian, if any, | 15 | | or the resident's representative,
if any, or the resident's | 16 | | immediate family member, if any; such authorization
shall be | 17 | | attested to by a witness who has no pecuniary interest in the | 18 | | facility
or its operations, and who is not connected in any way | 19 | | to facility
personnel or the administrator in any manner | 20 | | whatsoever.
| 21 | | (3) Shall maintain and allow, in order of priority, each | 22 | | resident
or the resident's guardian, if any, or the resident's | 23 | | representative,
if any, or the resident's immediate family | 24 | | member, if any, access to a
written record of all financial | 25 | | arrangements and transactions involving
the individual | 26 | | resident's funds.
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| 1 | | (4) Shall provide, in order of priority, each resident, or | 2 | | the resident's
guardian, if any, or the resident's | 3 | | representative, if any,
or the resident's immediate family | 4 | | member, if any, with a written itemized
statement at least | 5 | | quarterly, of all financial transactions involving
the | 6 | | resident's funds.
| 7 | | (5) Shall purchase a surety bond, or otherwise provide | 8 | | assurance
satisfactory to the Departments of Public Health and | 9 | | Insurance that all
residents' personal funds deposited with the | 10 | | facility are secure against
loss, theft, and insolvency.
| 11 | | (6) Shall keep any funds received from a resident for | 12 | | safekeeping in an
account separate from the facility's funds, | 13 | | and shall at no time withdraw
any part or all of such funds for | 14 | | any purpose other than to return the
funds to the resident upon | 15 | | the request of the resident or any other person
entitled to | 16 | | make such request, to pay the resident his allowance, or to
| 17 | | make any other payment authorized by the resident or any other | 18 | | person
entitled to make such authorization.
| 19 | | (7) Shall deposit any funds received from a resident in | 20 | | excess of $100 in
an interest bearing account insured by | 21 | | agencies of, or corporations chartered
by, the State or federal | 22 | | government. The account shall be in a form which
clearly | 23 | | indicates that the facility has only a fiduciary interest in | 24 | | the
funds and any interest from the account shall accrue to the | 25 | | resident. The
facility may keep up to $100 of a resident's | 26 | | money in a non-interest bearing
account or petty cash fund, to |
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| 1 | | be readily available for the resident's current
expenditures.
| 2 | | (8) Shall return to the resident, or the person who | 3 | | executed the written
authorization required in subsection (2) | 4 | | of this Section, upon written
request, all or any part of the | 5 | | resident's funds given the facility for
safekeeping, including | 6 | | the interest accrued from deposits.
| 7 | | (9) Shall (a) place any monthly allowance to which a | 8 | | resident is entitled
in that resident's personal account, or | 9 | | give it to the resident, unless
the facility has written | 10 | | authorization from the resident or the resident's
guardian or | 11 | | if the resident is a minor, his parent, to handle it
| 12 | | differently, (b) take all steps necessary to ensure that a | 13 | | personal needs
allowance that is placed in a resident's | 14 | | personal account is used
exclusively by the resident or for the | 15 | | benefit of the resident, and
(c) where such funds are withdrawn | 16 | | from the resident's personal account by
any person other than | 17 | | the resident, require such person to whom funds
constituting | 18 | | any part of a resident's personal needs allowance are
released, | 19 | | to execute an affidavit that such funds shall be used | 20 | | exclusively
for the benefit of the resident.
| 21 | | (10) Unless otherwise provided by State law, upon the death | 22 | | of a resident,
shall provide the executor or administrator of | 23 | | the resident's estate with
a complete accounting of all the | 24 | | resident's personal property, including
any funds of the | 25 | | resident being held by the facility.
| 26 | | (11) If an adult resident is incapable of managing his |
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| 1 | | funds and does
not have a resident's representative, guardian, | 2 | | or an immediate family
member, shall notify the Office of the | 3 | | State Guardian of the Guardianship
and Advocacy Commission.
| 4 | | (12) If the facility is sold, shall provide the buyer with | 5 | | a written
verification by a public accountant of all residents' | 6 | | monies and properties
being transferred, and obtain a signed | 7 | | receipt from the new owner.
| 8 | | (Source: P.A. 86-410; 86-486; 86-1028; 87-551; 87-1122.)
| 9 | | Section 10. The Illinois Public Aid Code is amended by | 10 | | changing Section 5-4 as follows:
| 11 | | (305 ILCS 5/5-4) (from Ch. 23, par. 5-4)
| 12 | | Sec. 5-4. Amount and nature of medical assistance. | 13 | | (a) The amount and nature of
medical assistance shall be | 14 | | determined in accordance
with the standards, rules, and | 15 | | regulations of the Department of Healthcare and Family | 16 | | Services, with due regard to the requirements and conditions in | 17 | | each case,
including contributions available from legally | 18 | | responsible
relatives. However, the amount and nature of such | 19 | | medical assistance shall
not be affected by the payment of any | 20 | | grant under the Senior Citizens and
Disabled Persons Property | 21 | | Tax Relief Act or any
distributions or items of income | 22 | | described under subparagraph (X) of
paragraph (2) of subsection | 23 | | (a) of Section 203 of the Illinois Income Tax
Act.
The amount | 24 | | and nature of medical assistance shall not be affected by the
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| 1 | | receipt of donations or benefits from fundraisers in cases of | 2 | | serious
illness, as long as neither the person nor members of | 3 | | the person's family
have actual control over the donations or | 4 | | benefits or the disbursement of
the donations or benefits.
| 5 | | In determining the income and resources available to the | 6 | | institutionalized
spouse and to the community spouse, the | 7 | | Department of Healthcare and Family Services
shall follow the | 8 | | procedures established by federal law. If an institutionalized | 9 | | spouse or community spouse refuses to comply with the | 10 | | requirements of Title XIX of the federal Social Security Act | 11 | | and the regulations duly promulgated thereunder by failing to | 12 | | provide the total value of assets, including income and | 13 | | resources, to the extent either the institutionalized spouse or | 14 | | community spouse has an ownership interest in them pursuant to | 15 | | 42 U.S.C. 1396r-5, such refusal may result in the | 16 | | institutionalized spouse being denied eligibility and | 17 | | continuing to remain ineligible for the medical assistance | 18 | | program based on failure to cooperate. | 19 | | Subject to federal approval, the community spouse
resource | 20 | | allowance shall be established and maintained at the higher of | 21 | | $109,560 or the minimum level
permitted pursuant to Section | 22 | | 1924(f)(2) of the Social Security Act, as now
or hereafter | 23 | | amended, or an amount set after a fair hearing, whichever is
| 24 | | greater. The monthly maintenance allowance for the community | 25 | | spouse shall be
established and maintained at the higher of | 26 | | $2,739 per month or the minimum level permitted pursuant to |
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| 1 | | Section
1924(d)(3)(C) of the Social Security Act, as now or | 2 | | hereafter amended, or an amount set after a fair hearing, | 3 | | whichever is greater. Subject
to the approval of the Secretary | 4 | | of the United States Department of Health and
Human Services, | 5 | | the provisions of this Section shall be extended to persons who
| 6 | | but for the provision of home or community-based services under | 7 | | Section
4.02 of the Illinois Act on the Aging, would require | 8 | | the level of care provided
in an institution, as is provided | 9 | | for in federal law.
| 10 | | (b) Spousal support for institutionalized spouses | 11 | | receiving medical assistance. | 12 | | (i) The Department may seek support for an | 13 | | institutionalized spouse, who has assigned his or her right | 14 | | of support from his or her spouse to the State, from the | 15 | | resources and income available to the community spouse. | 16 | | (ii) The Department may bring an action in the circuit | 17 | | court to establish support orders or itself establish | 18 | | administrative support orders by any means and procedures | 19 | | authorized in this Code, as applicable, except that the | 20 | | standard and regulations for determining ability to | 21 | | support in Section 10-3 shall not limit the amount of | 22 | | support that may be ordered. | 23 | | (iii) Proceedings may be initiated to obtain support, | 24 | | or for the recovery of aid granted during the period such | 25 | | support was not provided, or both, for the obtainment of | 26 | | support and the recovery of the aid provided. Proceedings |
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| 1 | | for the recovery of aid may be taken separately or they may | 2 | | be consolidated with actions to obtain support. Such | 3 | | proceedings may be brought in the name of the person or | 4 | | persons requiring support or may be brought in the name of | 5 | | the Department, as the case requires. | 6 | | (iv) The orders for the payment of moneys for the | 7 | | support of the person shall be just and equitable and may | 8 | | direct payment thereof for such period or periods of time | 9 | | as the circumstances require, including support for a | 10 | | period before the date the order for support is entered. In | 11 | | no event shall the orders reduce the community spouse | 12 | | resource allowance below the level established in | 13 | | subsection (a) of this Section or an amount set after a | 14 | | fair hearing, whichever is greater, or reduce the monthly | 15 | | maintenance allowance for the community spouse below the | 16 | | level permitted pursuant to subsection (a) of this Section.
| 17 | | (c) Notice by the Department as it relates to spousal | 18 | | impoverishment requirements, the need to submit financial | 19 | | information to access services, the consequences for failure to | 20 | | do so, or the termination of benefits hereunder shall be deemed | 21 | | adequate if notice is served upon the institutionalized spouse | 22 | | or community spouse, or, if either spouse has been deemed | 23 | | incompetent or adjudicated disabled, the spouse's authorized | 24 | | legal representative, including, but not limited to, the | 25 | | spouse's agent under power of attorney or guardian. | 26 | | (Source: P.A. 97-689, eff. 6-14-12.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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