Public Act 90-0310 of the 90th General Assembly

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Public Act 90-0310

SB444 Enrolled                                 LRB9002998LDdv

    AN ACT to amend the Nursing Home  Care  Act  by  changing
Section 3-401.1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Nursing  Home  Care  Act  is  amended  by
changing Section 3-401.1 as follows:

    (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
    Sec.  3-401.1.   (a)  A  facility  participating  in  the
Medical  Assistance  Program  is  prohibited  from failing or
refusing to retain as a resident any person because he or she
is a recipient of or an applicant for the Medical  Assistance
Program.
    (a-5)  After the effective date of this amendatory Act of
1997,  a  facility of which only a distinct part is certified
to participate in the Medical Assistance Program  may  refuse
to  retain  as a resident any person who resides in a part of
the  facility  that  does  not  participate  in  the  Medical
Assistance Program and who is unable to pay for  his  or  her
care in the facility without Medical Assistance only if:
         (1)  the  facility,  no  later  than  at the time of
    admission and at the  time  of  the  resident's  contract
    renewal,  explains  to  the resident (unless he or she is
    incompetent), and to the resident's  representative,  and
    to  the  person  making payment on behalf of the resident
    for the resident's stay, in writing,  that  the  facility
    may  discharge  the resident if the resident is no longer
    able to pay for his or her care in the  facility  without
    Medical Assistance;
         (2)  the resident (unless he or she is incompetent),
    the  resident's  representative,  and  the  person making
    payment on behalf of  the  resident  for  the  resident's
    stay,  acknowledge in writing that they have received the
    written explanation.
    (a-10)  For the purposes of this Section, a recipient  or
applicant  shall  be  considered  a  resident in the facility
during any hospital stay totaling 10 days or less following a
hospital admission. The Illinois  Department  of  Public  Aid
shall  recoup  funds from a facility when, as a result of the
facility's   refusal   to   readmit   a    recipient    after
hospitalization  for  10  days  or less, the recipient incurs
hospital bills in an amount  greater  than  the  amount  that
would  have  been  paid  by  that  Department for care of the
recipient in the facility. The amount of the recoupment shall
be the difference between the Illinois Department  of  Public
Aid's   payment   for  hospital  care  and  the  amount  that
Department would have paid for care in the facility.
    (b)  A facility which  violates  this  Section  shall  be
guilty of a business offense and fined not less than $500 nor
more  than  $1,000  for  the  first offense and not less than
$1,000 nor more than $5,000 for each subsequent offense.
(Source: P.A. 85-1231.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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