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90_SB0444enr 210 ILCS 45/2-213 new Amends the Nursing Home Care Act. Provides that a nursing home must inform a new resident that if he or she switches from private payment to Medicaid status that the nursing home may discharge the resident. Provides that the nursing home may not discharge a resident for this type of payment change unless it provides proper notice to the resident prior to admitting him or her that the nursing home may discharge him or her for such a change in payment status. Effective immediately. LRB9002998LDdv SB444 Enrolled LRB9002998LDdv 1 AN ACT to amend the Nursing Home Care Act by changing 2 Section 3-401.1. 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 3-401.1 as follows: 7 (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1) 8 Sec. 3-401.1. (a) A facility participating in the 9 Medical Assistance Program is prohibited from failing or 10 refusing to retain as a resident any person because he or she 11 is a recipient of or an applicant for the Medical Assistance 12 Program. 13 (a-5) After the effective date of this amendatory Act of 14 1997, a facility of which only a distinct part is certified 15 to participate in the Medical Assistance Program may refuse 16 to retain as a resident any person who resides in a part of 17 the facility that does not participate in the Medical 18 Assistance Program and who is unable to pay for his or her 19 care in the facility without Medical Assistance only if: 20 (1) the facility, no later than at the time of 21 admission and at the time of the resident's contract 22 renewal, explains to the resident (unless he or she is 23 incompetent), and to the resident's representative, and 24 to the person making payment on behalf of the resident 25 for the resident's stay, in writing, that the facility 26 may discharge the resident if the resident is no longer 27 able to pay for his or her care in the facility without 28 Medical Assistance; 29 (2) the resident (unless he or she is incompetent), 30 the resident's representative, and the person making 31 payment on behalf of the resident for the resident's SB444 Enrolled -2- LRB9002998LDdv 1 stay, acknowledge in writing that they have received the 2 written explanation. 3 (a-10) For the purposes of this Section, a recipient or 4 applicant shall be considered a resident in the facility 5 during any hospital stay totaling 10 days or less following a 6 hospital admission. The Illinois Department of Public Aid 7 shall recoup funds from a facility when, as a result of the 8 facility's refusal to readmit a recipient after 9 hospitalization for 10 days or less, the recipient incurs 10 hospital bills in an amount greater than the amount that 11 would have been paid by that Department for care of the 12 recipient in the facility. The amount of the recoupment shall 13 be the difference between the Illinois Department of Public 14 Aid's payment for hospital care and the amount that 15 Department would have paid for care in the facility. 16 (b) A facility which violates this Section shall be 17 guilty of a business offense and fined not less than $500 nor 18 more than $1,000 for the first offense and not less than 19 $1,000 nor more than $5,000 for each subsequent offense. 20 (Source: P.A. 85-1231.) 21 Section 99. Effective date. This Act takes effect upon 22 becoming law.