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90_SB0444eng
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 Engrossed 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 Engrossed -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.