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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB2224
210 ILCS 45/1-113 from Ch. 111 1/2, par. 4151-113
305 ILCS 5/5E-5
Amends the Nursing Home Care Act to provide that homes,
institutions, or other places operated under the authority of
the Illinois Department of Veterans' Affairs are not excluded
from the definition of long-term care facility. Amends the
Illinois Public Aid Code. Provides that the term "nursing
home" does not include a State facility operated by or under
the authority of the Illinois Department of Veterans'
Affairs.
LRB9000446LDdv
LRB9000446LDdv
1 AN ACT in relation to nursing home facilities, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Home Care Act is amended by
6 changing Section 1-113 as follows:
7 (210 ILCS 45/1-113) (from Ch. 111 1/2, par. 4151-113)
8 (Text of Section before amendment by P.A. 89-507)
9 Sec. 1-113. "Facility" or "long-term care facility"
10 means a private home, institution, building, residence, or
11 any other place, whether operated for profit or not, or a
12 county home for the infirm and chronically ill operated
13 pursuant to Division 5-21 or 5-22 of the Counties Code, or
14 any similar institution operated by a political subdivision
15 of the State of Illinois, which provides, through its
16 ownership or management, personal care, sheltered care or
17 nursing for 3 or more persons, not related to the applicant
18 or owner by blood or marriage. It includes skilled nursing
19 facilities and intermediate care facilities as those terms
20 are defined in Title XVIII and Title XIX of the Federal
21 Social Security Act. It also includes homes, institutions,
22 or other places operated by or under the authority of the
23 Illinois Department of Veterans' Affairs.
24 "Facility" does not include the following:
25 (1) A home, institution, or other place operated by the
26 federal government or agency thereof, or by the State of
27 Illinois, other than homes, institutions, or other places
28 operated by or under the authority of the Illinois Department
29 of Veterans' Affairs;
30 (2) A hospital, sanitarium, or other institution whose
31 principal activity or business is the diagnosis, care, and
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1 treatment of human illness through the maintenance and
2 operation as organized facilities therefor, which is required
3 to be licensed under the Hospital Licensing Act;
4 (3) Any "facility for child care" as defined in the
5 Child Care Act of 1969;
6 (4) Any "Community Living Facility" as defined in the
7 Community Living Facilities Licensing Act;
8 (5) Any "community residential alternative" as defined
9 in the Community Residential Alternatives Licensing Act;
10 (6) Any nursing home or sanatorium operated solely by
11 and for persons who rely exclusively upon treatment by
12 spiritual means through prayer, in accordance with the creed
13 or tenets of any well-recognized church or religious
14 denomination. However, such nursing home or sanatorium shall
15 comply with all local laws and rules relating to sanitation
16 and safety;
17 (7) Any facility licensed by the Department of Mental
18 Health and Developmental Disabilities as a
19 community-integrated living arrangement as defined in the
20 Community-Integrated Living Arrangements Licensure and
21 Certification Act;
22 (8) Any "Supportive Residence" licensed under the
23 Supportive Residences Licensing Act; or
24 (9) Any "supportive living facility" in good standing
25 with the demonstration project established under Section
26 5-5.01a of the Illinois Public Aid Code.
27 (Source: P.A. 89-499, eff. 6-28-96; revised 8-26-96.)
28 (Text of Section after amendment by P.A. 89-507)
29 Sec. 1-113. "Facility" or "long-term care facility"
30 means a private home, institution, building, residence, or
31 any other place, whether operated for profit or not, or a
32 county home for the infirm and chronically ill operated
33 pursuant to Division 5-21 or 5-22 of the Counties Code, or
34 any similar institution operated by a political subdivision
-3- LRB9000446LDdv
1 of the State of Illinois, which provides, through its
2 ownership or management, personal care, sheltered care or
3 nursing for 3 or more persons, not related to the applicant
4 or owner by blood or marriage. It includes skilled nursing
5 facilities and intermediate care facilities as those terms
6 are defined in Title XVIII and Title XIX of the Federal
7 Social Security Act. It also includes homes, institutions,
8 or other places operated by or under the authority of the
9 Illinois Department of Veterans' Affairs.
10 "Facility" does not include the following:
11 (1) A home, institution, or other place operated by the
12 federal government or agency thereof, or by the State of
13 Illinois, other than homes, institutions, or other places
14 operated by or under the authority of the Illinois Department
15 of Veterans' Affairs;
16 (2) A hospital, sanitarium, or other institution whose
17 principal activity or business is the diagnosis, care, and
18 treatment of human illness through the maintenance and
19 operation as organized facilities therefor, which is required
20 to be licensed under the Hospital Licensing Act;
21 (3) Any "facility for child care" as defined in the
22 Child Care Act of 1969;
23 (4) Any "Community Living Facility" as defined in the
24 Community Living Facilities Licensing Act;
25 (5) Any "community residential alternative" as defined
26 in the Community Residential Alternatives Licensing Act;
27 (6) Any nursing home or sanatorium operated solely by
28 and for persons who rely exclusively upon treatment by
29 spiritual means through prayer, in accordance with the creed
30 or tenets of any well-recognized church or religious
31 denomination. However, such nursing home or sanatorium shall
32 comply with all local laws and rules relating to sanitation
33 and safety;
34 (7) Any facility licensed by the Department of Human
-4- LRB9000446LDdv
1 Services as a community-integrated living arrangement as
2 defined in the Community-Integrated Living Arrangements
3 Licensure and Certification Act;
4 (8) Any "Supportive Residence" licensed under the
5 Supportive Residences Licensing Act; or
6 (9) Any "supportive living facility" in good standing
7 with the demonstration project established under Section
8 5-5.01a of the Illinois Public Aid Code.
9 (Source: P.A. 89-499, eff. 6-28-96; 89-507, eff. 7-1-97;
10 revised 8-26-96.)
11 Section 10. The Illinois Public Aid Code is amended by
12 changing Section 5E-5 as follows:
13 (305 ILCS 5/5E-5)
14 Sec. 5E-5. Definitions. As used in this Article, unless
15 the context requires otherwise:
16 "Nursing home" means (i) a skilled nursing or
17 intermediate long-term care facility, whether public or
18 private and whether organized for profit or not-for-profit,
19 that is subject to licensure by the Illinois Department of
20 Public Health under the Nursing Home Care Act, including a
21 county nursing home directed and maintained under Section
22 5-1005 of the Counties Code, and (ii) a part of a hospital in
23 which skilled or intermediate long-term care services within
24 the meaning of Title XVIII or XIX of the Social Security Act
25 are provided; except that the term "nursing home" does not
26 include a facility operated solely as an intermediate care
27 facility for the mentally retarded within the meaning of
28 Title XIX of the Social Security Act or a State facility
29 operated by or under the authority of the Illinois Department
30 of Veterans' Affairs.
31 "Nursing home provider" means (i) a person licensed by
32 the Department of Public Health to operate and maintain a
-5- LRB9000446LDdv
1 skilled nursing or intermediate long-term care facility which
2 charges its residents, a third party payor, Medicaid, or
3 Medicare for skilled nursing or intermediate long-term care
4 services, or (ii) a hospital provider that provides skilled
5 or intermediate long-term care services within the meaning of
6 Title XVIII or XIX of the Social Security Act. For purposes
7 of this paragraph, "person" means any political subdivision
8 of the State, municipal corporation, individual, firm,
9 partnership, corporation, company, limited liability company,
10 association, joint stock association, or trust, or a
11 receiver, executor, trustee, guardian, or other
12 representative appointed by order of any court. "Hospital
13 provider" means a person licensed by the Department of Public
14 Health to conduct, operate, or maintain a hospital.
15 "Licensed bed days" shall be computed separately for each
16 nursing home operated or maintained by a nursing home
17 provider and means, with respect to a nursing home provider,
18 the sum for all nursing home beds of the number of days
19 during a calendar quarter on which each bed is covered by a
20 license issued to that provider under the Nursing Home Care
21 Act or the Hospital Licensing Act.
22 (Source: P.A. 88-88.)