Public Act 90-0310 of the 90th General Assembly
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.