Full Text of SB2929 99th General Assembly
SB2929ham002 99TH GENERAL ASSEMBLY | Rep. Robert Rita Filed: 5/12/2016
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| 1 | | AMENDMENT TO SENATE BILL 2929
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2929 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Hospital Licensing Act is amended by | 5 | | changing Section 6.09 as follows: | 6 | | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | 7 | | Sec. 6.09. (a) In order to facilitate the orderly | 8 | | transition of aged
patients and patients with disabilities from | 9 | | hospitals to post-hospital care, whenever a
patient who | 10 | | qualifies for the
federal Medicare program is hospitalized, the | 11 | | patient shall be notified
of discharge at least
24 hours prior | 12 | | to discharge from
the hospital. With regard to pending | 13 | | discharges to a skilled nursing facility, the hospital must | 14 | | notify the case coordination unit, as defined in 89 Ill. Adm. | 15 | | Code 240.260, at least 24 hours prior to discharge. When the | 16 | | assessment is completed in the hospital, the case coordination |
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| 1 | | unit shall provide the discharge planner with a copy of the | 2 | | required assessment documentation directly to the nursing home | 3 | | to which the patient is being discharged prior to discharge. | 4 | | The Department on Aging shall provide notice of this | 5 | | requirement to case coordination units. When a case | 6 | | coordination unit is unable to complete an assessment in a | 7 | | hospital prior to the discharge of a patient, 60 years of age | 8 | | or older, to a nursing home, the case coordination unit shall | 9 | | notify the Department on Aging which shall notify the | 10 | | Department of Healthcare and Family Services. The Department of | 11 | | Healthcare and Family Services and the Department on Aging | 12 | | shall adopt rules to address these instances to ensure that the | 13 | | patient is able to access nursing home care, the nursing home | 14 | | is not penalized for accepting the admission, and the patient's | 15 | | timely discharge from the hospital is not delayed, to the | 16 | | extent permitted under federal law or regulation. Nothing in | 17 | | this subsection shall preclude federal requirements for a | 18 | | pre-admission screening/mental health (PAS/MH) as required | 19 | | under Section 2-201.5 of the Nursing Home Care Act or State or | 20 | | federal law or regulation. prescreening information and | 21 | | accompanying materials, which the discharge planner shall | 22 | | transmit when the patient is discharged to a skilled nursing | 23 | | facility. If home health services are ordered, the hospital | 24 | | must inform its designated case coordination unit, as defined | 25 | | in 89 Ill. Adm. Code 240.260, of the pending discharge and must | 26 | | provide the patient with the case coordination unit's telephone |
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| 1 | | number and other contact information.
| 2 | | (b) Every hospital shall develop procedures for a physician | 3 | | with medical
staff privileges at the hospital or any | 4 | | appropriate medical staff member to
provide the discharge | 5 | | notice prescribed in subsection (a) of this Section. The | 6 | | procedures must include prohibitions against discharging or | 7 | | referring a patient to any of the following if unlicensed, | 8 | | uncertified, or unregistered: (i) a board and care facility, as | 9 | | defined in the Board and Care Home Act; (ii) an assisted living | 10 | | and shared housing establishment, as defined in the Assisted | 11 | | Living and Shared Housing Act; (iii) a facility licensed under | 12 | | the Nursing Home Care Act, the Specialized Mental Health | 13 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 14 | | the MC/DD Act; (iv) a supportive living facility, as defined in | 15 | | Section 5-5.01a of the Illinois Public Aid Code; or (v) a | 16 | | free-standing hospice facility licensed under the Hospice | 17 | | Program Licensing Act if licensure, certification, or | 18 | | registration is required. The Department of Public Health shall | 19 | | annually provide hospitals with a list of licensed, certified, | 20 | | or registered board and care facilities, assisted living and | 21 | | shared housing establishments, nursing homes, supportive | 22 | | living facilities, facilities licensed under the ID/DD | 23 | | Community Care Act, the MC/DD Act, or the Specialized Mental | 24 | | Health Rehabilitation Act of 2013, and hospice facilities. | 25 | | Reliance upon this list by a hospital shall satisfy compliance | 26 | | with this requirement.
The procedure may also include a waiver |
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| 1 | | for any case in which a discharge
notice is not feasible due to | 2 | | a short length of stay in the hospital by the patient,
or for | 3 | | any case in which the patient voluntarily desires to leave the
| 4 | | hospital before the expiration of the
24 hour period. | 5 | | (c) At least
24 hours prior to discharge from the hospital, | 6 | | the
patient shall receive written information on the patient's | 7 | | right to appeal the
discharge pursuant to the
federal Medicare | 8 | | program, including the steps to follow to appeal
the discharge | 9 | | and the appropriate telephone number to call in case the
| 10 | | patient intends to appeal the discharge. | 11 | | (d) Before transfer of a patient to a long term care | 12 | | facility licensed under the Nursing Home Care Act where elderly | 13 | | persons reside, a hospital shall as soon as practicable | 14 | | initiate a name-based criminal history background check by | 15 | | electronic submission to the Department of State Police for all | 16 | | persons between the ages of 18 and 70 years; provided, however, | 17 | | that a hospital shall be required to initiate such a background | 18 | | check only with respect to patients who: | 19 | | (1) are transferring to a long term care facility for | 20 | | the first time; | 21 | | (2) have been in the hospital more than 5 days; | 22 | | (3) are reasonably expected to remain at the long term | 23 | | care facility for more than 30 days; | 24 | | (4) have a known history of serious mental illness or | 25 | | substance abuse; and | 26 | | (5) are independently ambulatory or mobile for more |
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| 1 | | than a temporary period of time. | 2 | | A hospital may also request a criminal history background | 3 | | check for a patient who does not meet any of the criteria set | 4 | | forth in items (1) through (5). | 5 | | A hospital shall notify a long term care facility if the | 6 | | hospital has initiated a criminal history background check on a | 7 | | patient being discharged to that facility. In all circumstances | 8 | | in which the hospital is required by this subsection to | 9 | | initiate the criminal history background check, the transfer to | 10 | | the long term care facility may proceed regardless of the | 11 | | availability of criminal history results. Upon receipt of the | 12 | | results, the hospital shall promptly forward the results to the | 13 | | appropriate long term care facility. If the results of the | 14 | | background check are inconclusive, the hospital shall have no | 15 | | additional duty or obligation to seek additional information | 16 | | from, or about, the patient. | 17 | | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | 18 | | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised | 19 | | 10-14-15.)".
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