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Public Act 099-0857 Public Act 0857 99TH GENERAL ASSEMBLY |
Public Act 099-0857 | SB2929 Enrolled | LRB099 20556 KTG 45107 b |
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| AN ACT concerning public aid.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 5. The Hospital Licensing Act is amended by | changing Section 6.09 as follows: | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | Sec. 6.09. (a) In order to facilitate the orderly | transition of aged
patients and patients with disabilities from | hospitals to post-hospital care, whenever a
patient who | qualifies for the
federal Medicare program is hospitalized, the | patient shall be notified
of discharge at least
24 hours prior | to discharge from
the hospital. With regard to pending | discharges to a skilled nursing facility, the hospital must | notify the case coordination unit, as defined in 89 Ill. Adm. | Code 240.260, at least 24 hours prior to discharge. When the | assessment is completed in the hospital, the case coordination | unit shall provide the discharge planner with a copy of the | required assessment documentation directly to the nursing home | to which the patient is being discharged prior to discharge. | The Department on Aging shall provide notice of this | requirement to case coordination units. When a case | coordination unit is unable to complete an assessment in a | hospital prior to the discharge of a patient, 60 years of age |
| or older, to a nursing home, the case coordination unit shall | notify the Department on Aging which shall notify the | Department of Healthcare and Family Services. The Department of | Healthcare and Family Services and the Department on Aging | shall adopt rules to address these instances to ensure that the | patient is able to access nursing home care, the nursing home | is not penalized for accepting the admission, and the patient's | timely discharge from the hospital is not delayed, to the | extent permitted under federal law or regulation. Nothing in | this subsection shall preclude federal requirements for a | pre-admission screening/mental health (PAS/MH) as required | under Section 2-201.5 of the Nursing Home Care Act or State or | federal law or regulation. prescreening information and | accompanying materials, which the discharge planner shall | transmit when the patient is discharged to a skilled nursing | facility. If home health services are ordered, the hospital | must inform its designated case coordination unit, as defined | in 89 Ill. Adm. Code 240.260, of the pending discharge and must | provide the patient with the case coordination unit's telephone | number and other contact information.
| (b) Every hospital shall develop procedures for a physician | with medical
staff privileges at the hospital or any | appropriate medical staff member to
provide the discharge | notice prescribed in subsection (a) of this Section. The | procedures must include prohibitions against discharging or | referring a patient to any of the following if unlicensed, |
| uncertified, or unregistered: (i) a board and care facility, as | defined in the Board and Care Home Act; (ii) an assisted living | and shared housing establishment, as defined in the Assisted | Living and Shared Housing Act; (iii) a facility licensed under | the Nursing Home Care Act, the Specialized Mental Health | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | the MC/DD Act; (iv) a supportive living facility, as defined in | Section 5-5.01a of the Illinois Public Aid Code; or (v) a | free-standing hospice facility licensed under the Hospice | Program Licensing Act if licensure, certification, or | registration is required. The Department of Public Health shall | annually provide hospitals with a list of licensed, certified, | or registered board and care facilities, assisted living and | shared housing establishments, nursing homes, supportive | living facilities, facilities licensed under the ID/DD | Community Care Act, the MC/DD Act, or the Specialized Mental | Health Rehabilitation Act of 2013, and hospice facilities. | Reliance upon this list by a hospital shall satisfy compliance | with this requirement.
The procedure may also include a waiver | for any case in which a discharge
notice is not feasible due to | a short length of stay in the hospital by the patient,
or for | any case in which the patient voluntarily desires to leave the
| hospital before the expiration of the
24 hour period. | (c) At least
24 hours prior to discharge from the hospital, | the
patient shall receive written information on the patient's | right to appeal the
discharge pursuant to the
federal Medicare |
| program, including the steps to follow to appeal
the discharge | and the appropriate telephone number to call in case the
| patient intends to appeal the discharge. | (d) Before transfer of a patient to a long term care | facility licensed under the Nursing Home Care Act where elderly | persons reside, a hospital shall as soon as practicable | initiate a name-based criminal history background check by | electronic submission to the Department of State Police for all | persons between the ages of 18 and 70 years; provided, however, | that a hospital shall be required to initiate such a background | check only with respect to patients who: | (1) are transferring to a long term care facility for | the first time; | (2) have been in the hospital more than 5 days; | (3) are reasonably expected to remain at the long term | care facility for more than 30 days; | (4) have a known history of serious mental illness or | substance abuse; and | (5) are independently ambulatory or mobile for more | than a temporary period of time. | A hospital may also request a criminal history background | check for a patient who does not meet any of the criteria set | forth in items (1) through (5). | A hospital shall notify a long term care facility if the | hospital has initiated a criminal history background check on a | patient being discharged to that facility. In all circumstances |
| in which the hospital is required by this subsection to | initiate the criminal history background check, the transfer to | the long term care facility may proceed regardless of the | availability of criminal history results. Upon receipt of the | results, the hospital shall promptly forward the results to the | appropriate long term care facility. If the results of the | background check are inconclusive, the hospital shall have no | additional duty or obligation to seek additional information | from, or about, the patient. | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
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Effective Date: 1/1/2017
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