Full Text of SB2031 100th General Assembly
SB2031 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2031 Introduced 2/10/2017, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED: |
| 210 ILCS 45/2-202 | from Ch. 111 1/2, par. 4152-202 |
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Amends the Nursing Home Care Act. Provides that for a specified written agreement provided by a resident to a facility under the Act, the agreement may authorize the resident's representative to represent the resident's interests in securing and maintaining Medicaid long-term care benefits, including banking records, redeterminations, appeal proceedings, and legal challenges, or that the resident may choose another individual or entity to perform these functions, which shall require a separate written agreement. Provides that an authorization granted by a resident under a specified provision shall not be diminished or terminated by the death of the resident. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nursing Home Care Act is amended by changing | 5 | | Section 2-202 as follows:
| 6 | | (210 ILCS 45/2-202) (from Ch. 111 1/2, par. 4152-202)
| 7 | | Sec. 2-202. (a) Before a person is admitted to a facility, | 8 | | or at the
expiration of the period of previous contract, or | 9 | | when the source of
payment for the resident's care changes from | 10 | | private to public funds or
from public to private funds, a | 11 | | written contract shall be executed between
a licensee and the | 12 | | following in order of priority:
| 13 | | (1) the person, or if the person is a minor, his parent | 14 | | or guardian; or
| 15 | | (2) the person's guardian, if any, or agent, if any, as | 16 | | defined in
Section 2-3 of the Illinois Power of Attorney | 17 | | Act; or
| 18 | | (3) a member of the person's immediate family.
| 19 | | An adult person shall be presumed to have the capacity to | 20 | | contract for
admission to a long term care facility unless he | 21 | | has been adjudicated a
"person with a disability" within the | 22 | | meaning of Section 11a-2 of the Probate Act
of 1975, or unless | 23 | | a petition for such an adjudication is pending in a
circuit |
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| 1 | | court of Illinois.
| 2 | | If there is no guardian, agent or member of the person's | 3 | | immediate family
available, able or willing to execute the | 4 | | contract required by this Section
and a physician determines | 5 | | that a person is so disabled as to be unable
to consent to | 6 | | placement in a facility, or if a person has already been found
| 7 | | to be a "person with a disability", but no order has been | 8 | | entered allowing residential
placement of the person, that | 9 | | person may be admitted to a facility before
the execution of a | 10 | | contract required by this Section; provided that a petition
for | 11 | | guardianship or for modification of guardianship is filed | 12 | | within 15
days of the person's admission to a facility, and | 13 | | provided further that
such a contract is executed within 10 | 14 | | days of the disposition of the petition.
| 15 | | No adult shall be admitted to a facility if he objects, | 16 | | orally or in writing,
to such admission, except as otherwise | 17 | | provided in Chapters III
and IV of the Mental Health and | 18 | | Developmental Disabilities Code or Section
11a-14.1 of the | 19 | | Probate Act of 1975.
| 20 | | If a person has not executed a contract as required by this | 21 | | Section, then
such a contract shall be executed on or before | 22 | | July 1, 1981, or within 10
days after the disposition of a | 23 | | petition for guardianship or modification
of guardianship that | 24 | | was filed prior to July 1, 1981, whichever is later.
| 25 | | Before a licensee enters a contract under this Section, it | 26 | | shall
provide the prospective resident and his or her guardian, |
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| 1 | | if any, with written
notice of the licensee's policy regarding | 2 | | discharge of a resident whose
private funds for payment of care | 3 | | are exhausted.
| 4 | | Before a licensee enters into a contract under this | 5 | | Section, it shall provide the resident or prospective resident | 6 | | and his or her guardian, if any, with a copy of the licensee's | 7 | | policy regarding the assignment of Social Security | 8 | | representative payee status as a condition of the contract when | 9 | | the resident's or prospective resident's care is being funded | 10 | | under Title XIX of the Social Security Act and Article V of the | 11 | | Illinois Public Aid Code. | 12 | | (b) A resident shall not be discharged or transferred at | 13 | | the expiration
of the term of a contract, except as provided in | 14 | | Sections 3-401 through
3-423.
| 15 | | (c) At the time of the resident's admission to the | 16 | | facility, a copy of
the contract shall be given to the | 17 | | resident, his guardian, if any, and any
other person who | 18 | | executed the contract.
| 19 | | (d) A copy of the contract for a resident who is supported | 20 | | by
nonpublic funds other than the resident's own funds shall be | 21 | | made
available to the person providing the funds for the | 22 | | resident's support.
| 23 | | (e) The original or a copy of the contract shall be | 24 | | maintained in the
facility and be made available upon request | 25 | | to representatives of the
Department and the Department of | 26 | | Healthcare and Family Services.
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| 1 | | (f) The contract shall be written in clear and unambiguous | 2 | | language
and shall be printed in not less than 12-point type. | 3 | | The general form
of the contract shall be prescribed by the | 4 | | Department.
| 5 | | (g) The contract shall specify:
| 6 | | (1) the term of the contract;
| 7 | | (2) the services to be provided under the contract and | 8 | | the charges
for the services;
| 9 | | (3) the services that may be provided to supplement the | 10 | | contract and
the charges for the services;
| 11 | | (4) the sources liable for payments due under the | 12 | | contract;
| 13 | | (5) the amount of deposit paid; and
| 14 | | (6) the rights, duties and obligations of the resident, | 15 | | except that
the specification of a resident's rights may be | 16 | | furnished on a separate
document which complies with the | 17 | | requirements of Section 2-211.
| 18 | | (h) The contract shall designate the name of the resident's
| 19 | | representative, if any. The resident shall provide the facility | 20 | | with a copy
of the written agreement between the resident and | 21 | | the resident's representative
which authorizes the resident's | 22 | | representative to inspect and copy the
resident's records and | 23 | | authorizes the resident's representative to execute
the | 24 | | contract on behalf of the resident required by this Section. | 25 | | The agreement may also authorize the resident's representative | 26 | | to represent the resident's interests in securing and |
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| 1 | | maintaining Medicaid long-term care benefits, including | 2 | | banking records, redeterminations, appeal proceedings, and | 3 | | legal challenges, or the resident may choose another individual | 4 | | or entity to perform these functions, which shall require a | 5 | | separate written agreement. An authorization granted under | 6 | | this subsection shall not be diminished or terminated by the | 7 | | death of the resident.
| 8 | | (i) The contract shall provide that if the resident is
| 9 | | compelled by a change in physical or mental health to leave the
| 10 | | facility, the contract and all obligations under it shall | 11 | | terminate on 7
days notice. No prior notice of termination of | 12 | | the contract shall be
required, however, in the case of a | 13 | | resident's death. The contract shall also provide
that in all | 14 | | other situations, a
resident may terminate the contract and all | 15 | | obligations under it with 30
days notice. All charges shall be | 16 | | prorated as of the date on which the
contract terminates, and, | 17 | | if any payments have been made in advance, the
excess shall be | 18 | | refunded to the resident. This provision shall not apply
to | 19 | | life-care contracts through which a facility agrees to provide
| 20 | | maintenance and care for a resident throughout the remainder of | 21 | | his life
nor to continuing-care contracts through which a | 22 | | facility agrees to
supplement all available forms of financial | 23 | | support in providing
maintenance and care for a resident | 24 | | throughout the remainder of his life.
| 25 | | (j) In addition to all other contract specifications | 26 | | contained in this
Section admission contracts shall also |
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| 1 | | specify:
| 2 | | (1) whether the facility accepts Medicaid clients;
| 3 | | (2) whether the facility requires a deposit of the | 4 | | resident or his
family prior to the establishment of | 5 | | Medicaid eligibility;
| 6 | | (3) in the event that a deposit is required, a clear | 7 | | and concise
statement of the procedure to be followed for | 8 | | the return of such deposit to
the resident or the | 9 | | appropriate family member or guardian of the person;
| 10 | | (4) that all deposits made to a facility by a resident, | 11 | | or on behalf of
a resident, shall be returned by the | 12 | | facility within 30 days of the
establishment of Medicaid | 13 | | eligibility, unless such deposits must be drawn
upon or | 14 | | encumbered in accordance with Medicaid eligibility | 15 | | requirements
established by the Department of Healthcare | 16 | | and Family Services.
| 17 | | (k) It shall be a business offense for a facility to | 18 | | knowingly and
intentionally both retain a resident's deposit | 19 | | and accept Medicaid
payments on behalf of that resident.
| 20 | | (Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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