Public Act 093-0775
HB4837 Enrolled LRB093 18943 BDD 44678 b

    AN ACT concerning the Department on Aging.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Act on the Aging is amended by
adding Section 4.02c as follows:
    (20 ILCS 105/4.02c new)
    Sec. 4.02c. Comprehensive Care in Residential Settings
Demonstration Project.
    (a) The Department may establish and fund a demonstration
program of bundled services designed to support the specialized
needs of clients currently residing in projects that were
formerly designated as Community Based Residential Facilities.
Participating projects must hold a valid license, which remains
unsuspended, unrevoked, and unexpired, under the provisions of
the Assisted Living and Shared Housing Act.
    (b) The demonstration program must include, at a minimum:
        (1) 3 meals per day;
        (2) routine housekeeping services;
        (3) 24-hour-a-day security;
        (4) an emergency response system;
        (5) personal laundry and linen service;
        (6) assistance with activities of daily living;
        (7) medication management; and
        (8) money management.
    Optional services, such as transportation and social
activities, may be provided.
    (c) Reimbursement for the program shall be based on the
client's level of need and functional impairment, as determined
by the Department. Clients must meet all eligibility
requirements established by rule. The Department may establish
a capitated reimbursement mechanism based on the client's level
of need and functional impairment. Reimbursement for program
must be made to the Department-contracted provider delivering
the services.
    (d) The Department shall adopt rules and provide oversight
for the project, with assistance and advice provided by the
Assisted Living and Shared Housing Advisory Board and Assisted
Living and Shared Housing Quality of Life Committee.
    The project may be funded through the Department
appropriations that may include Medicaid waiver funds.
    (e) Before January 1, 2008, the Department, in consultation
with the Assisted Living and Shared Housing Advisory Board,
must report to the General Assembly on the results of the
demonstration project. The report must include, without
limitation, any recommendations for changes or improvements,
including changes or improvements in the administration of the
program and an evaluation.
    Section 10. The Assisted Living and Shared Housing Act is
amended by changing Sections 90 and 140 as follows:
    (210 ILCS 9/90)
    Sec. 90. Contents of service delivery contract. A contract
between an establishment and a resident must be entitled
"assisted living establishment contract" or "shared housing
establishment contract" as applicable, shall be printed in no
less than 12 point type, and shall include at least the
following elements in the body or through supporting documents
or attachments:
        (1) the name, street address, and mailing address of
    the establishment;
        (2) the name and mailing address of the owner or owners
    of the establishment and, if the owner or owners are not
    natural persons, the type of business entity of the owner
    or owners;
        (3) the name and mailing address of the managing agent
    of the establishment, whether hired under a management
    agreement or lease agreement, if the managing agent is
    different from the owner or owners;
        (4) the name and address of at least one natural person
    who is authorized to accept service on behalf of the owners
    and managing agent;
        (5) a statement describing the license status of the
    establishment and the license status of all providers of
    health-related or supportive services to a resident under
    arrangement with the establishment;
        (6) the duration of the contract;
        (7) the base rate to be paid by the resident and a
    description of the services to be provided as part of this
        (8) a description of any additional services to be
    provided for an additional fee by the establishment
    directly or by a third party provider under arrangement
    with the establishment;
        (9) the fee schedules outlining the cost of any
    additional services;
        (10) a description of the process through which the
    contract may be modified, amended, or terminated;
        (11) a description of the establishment's complaint
    resolution process available to residents and notice of the
    availability of the Department on Aging's Senior Helpline
    for complaints;
        (12) the name of the resident's designated
    representative, if any;
        (13) the resident's obligations in order to maintain
    residency and receive services including compliance with
    all assessments required under Section 15;
        (14) the billing and payment procedures and
        (15) a statement affirming the resident's freedom to
    receive services from service providers with whom the
    establishment does not have a contractual arrangement,
    which may also disclaim liability on the part of the
    establishment for those services;
        (16) a statement that medical assistance under Article
    V or Article VI of the Illinois Public Aid Code is not
    available for payment for services provided in an
    establishment, excluding contracts executed with residents
    residing in licensed establishments participating in the
    Department on Aging's Comprehensive Care in Residential
    Settings Demonstration Project;
        (17) a statement detailing the admission, risk
    management, and residency termination criteria and
        (18) a statement listing the rights specified in
    Section 95 and acknowledging that, by contracting with the
    assisted living or shared housing establishment, the
    resident does not forfeit those rights; and
        (19) a statement detailing the Department's annual
    on-site review process including what documents contained
    in a resident's personal file shall be reviewed by the
    on-site reviewer as defined by rule.
(Source: P.A. 91-656, eff. 1-1-01.)
    (210 ILCS 9/140)
    Sec. 140. State and private funding. Nothing in this Act
        (1) require or authorize the State agency responsible
    for the administration of the medical assistance program
    established under Article V and Article VI of the Illinois
    Public Aid Code to approve, supply, or cover services
    provided in an assisted living or shared housing
    establishment, with the exception of licensed facilities
    that participate in the Department on Aging's
    Comprehensive Care in Residential Settings Demonstration
    Project, which may be covered under provisions of the
    Illinois Public Aid Code;
        (2) require an agency or a managed care organization to
    approve, supply, or cover services provided in an assisted
    living or shared housing establishment; or
        (3) require any other third party payer to approve,
    supply or cover medically necessary home care services
    provided in an assisted living establishment.
(Source: P.A. 91-656, eff. 1-1-01.)
    (20 ILCS 105/4.02b rep.)  (from Ch. 23, par. 6104.02b)
    Section 90. The Illinois Act on the Aging is amended by
repealing Section 4.02b.

Effective Date: 1/1/2005