Full Text of SB1782 096th General Assembly
SB1782 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB1782
Introduced 2/20/2009, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
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210 ILCS 45/2-201 |
from Ch. 111 1/2, par. 4152-201 |
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Amends the Nursing Home Care Act. Makes a technical change in a Section concerning funds of residents.
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A BILL FOR
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SB1782 |
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LRB096 08401 DRJ 18513 b |
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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 Nursing Home Care Act is amended by changing | 5 |
| Section 2-201 as follows:
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| (210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)
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| Sec. 2-201. To protect the the residents' funds, the | 8 |
| facility:
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| (1) Shall at the time of admission provide, in order of | 10 |
| priority,
each resident, or the resident's guardian, if any, or | 11 |
| the resident's
representative, if any, or the resident's | 12 |
| immediate family member,
if any, with a written statement | 13 |
| explaining to the resident and to the
resident's spouse (a) | 14 |
| their spousal impoverishment rights, as defined at
Section 5-4 | 15 |
| of the Illinois Public Aid Code, and at Section 303 of Title | 16 |
| III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. | 17 |
| 100-360), and (b) the
resident's rights regarding personal
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| funds and listing the services for which the resident will be | 19 |
| charged. The
facility shall obtain a signed acknowledgment from | 20 |
| each resident or the
resident's guardian, if any, or the | 21 |
| resident's representative, if any, or
the resident's immediate | 22 |
| family member, if any, that such person has
received the | 23 |
| statement.
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SB1782 |
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LRB096 08401 DRJ 18513 b |
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| (2) May accept funds from a resident for safekeeping and | 2 |
| managing, if
it receives written authorization from, in order | 3 |
| of priority, the resident
or the resident's guardian, if any, | 4 |
| or the resident's representative,
if any, or the resident's | 5 |
| immediate family member, if any; such authorization
shall be | 6 |
| attested to by a witness who has no pecuniary interest in the | 7 |
| facility
or its operations, and who is not connected in any way | 8 |
| to facility
personnel or the administrator in any manner | 9 |
| whatsoever.
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| (3) Shall maintain and allow, in order of priority, each | 11 |
| resident
or the resident's guardian, if any, or the resident's | 12 |
| representative,
if any, or the resident's immediate family | 13 |
| member, if any, access to a
written record of all financial | 14 |
| arrangements and transactions involving
the individual | 15 |
| resident's funds.
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| (4) Shall provide, in order of priority, each resident, or | 17 |
| the resident's
guardian, if any, or the resident's | 18 |
| representative, if any,
or the resident's immediate family | 19 |
| member, if any, with a written itemized
statement at least | 20 |
| quarterly, of all financial transactions involving
the | 21 |
| resident's funds.
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| (5) Shall purchase a surety bond, or otherwise provide | 23 |
| assurance
satisfactory to the Departments of Public Health and | 24 |
| Insurance that all
residents' personal funds deposited with the | 25 |
| facility are secure against
loss, theft, and insolvency.
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| (6) Shall keep any funds received from a resident for |
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LRB096 08401 DRJ 18513 b |
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| safekeeping in an
account separate from the facility's funds, | 2 |
| and shall at no time withdraw
any part or all of such funds for | 3 |
| any purpose other than to return the
funds to the resident upon | 4 |
| the request of the resident or any other person
entitled to | 5 |
| make such request, to pay the resident his allowance, or to
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| make any other payment authorized by the resident or any other | 7 |
| person
entitled to make such authorization.
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| (7) Shall deposit any funds received from a resident in | 9 |
| excess of $100 in
an interest bearing account insured by | 10 |
| agencies of, or corporations chartered
by, the State or federal | 11 |
| government. The account shall be in a form which
clearly | 12 |
| indicates that the facility has only a fiduciary interest in | 13 |
| the
funds and any interest from the account shall accrue to the | 14 |
| resident. The
facility may keep up to $100 of a resident's | 15 |
| money in a non-interest bearing
account or petty cash fund, to | 16 |
| be readily available for the resident's current
expenditures.
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| (8) Shall return to the resident, or the person who | 18 |
| executed the written
authorization required in subsection (2) | 19 |
| of this Section, upon written
request, all or any part of the | 20 |
| resident's funds given the facility for
safekeeping, including | 21 |
| the interest accrued from deposits.
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| (9) Shall (a) place any monthly allowance to which a | 23 |
| resident is entitled
in that resident's personal account, or | 24 |
| give it to the resident, unless
the facility has written | 25 |
| authorization from the resident or the resident's
guardian or | 26 |
| if the resident is a minor, his parent, to handle it
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LRB096 08401 DRJ 18513 b |
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| differently, (b) take all steps necessary to ensure that a | 2 |
| personal needs
allowance that is placed in a resident's | 3 |
| personal account is used
exclusively by the resident or for the | 4 |
| benefit of the resident, and
(c) where such funds are withdrawn | 5 |
| from the resident's personal account by
any person other than | 6 |
| the resident, require such person to whom funds
constituting | 7 |
| any part of a resident's personal needs allowance are
released, | 8 |
| to execute an affidavit that such funds shall be used | 9 |
| exclusively
for the benefit of the resident.
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| (10) Unless otherwise provided by State law, upon the death | 11 |
| of a resident,
shall provide the executor or administrator of | 12 |
| the resident's estate with
a complete accounting of all the | 13 |
| resident's personal property, including
any funds of the | 14 |
| resident being held by the facility.
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| (11) If an adult resident is incapable of managing his | 16 |
| funds and does
not have a resident's representative, guardian, | 17 |
| or an immediate family
member, shall notify the Office of the | 18 |
| State Guardian of the Guardianship
and Advocacy Commission.
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| (12) If the facility is sold, shall provide the buyer with | 20 |
| a written
verification by a public accountant of all residents' | 21 |
| monies and properties
being transferred, and obtain a signed | 22 |
| receipt from the new owner.
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| (Source: P.A. 86-410; 86-486; 86-1028; 87-551; 87-1122.)
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