100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2031

 

Introduced 2/10/2017, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/2-202  from Ch. 111 1/2, par. 4152-202

    Amends the Nursing Home Care Act. Provides that for a specified written agreement provided by a resident to a facility under the Act, the agreement may authorize the resident's representative to represent the resident's interests in securing and maintaining Medicaid long-term care benefits, including banking records, redeterminations, appeal proceedings, and legal challenges, or that the resident may choose another individual or entity to perform these functions, which shall require a separate written agreement. Provides that an authorization granted by a resident under a specified provision shall not be diminished or terminated by the death of the resident. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Nursing Home Care Act is amended by changing
5Section 2-202 as follows:
 
6    (210 ILCS 45/2-202)  (from Ch. 111 1/2, par. 4152-202)
7    Sec. 2-202. (a) Before a person is admitted to a facility,
8or at the expiration of the period of previous contract, or
9when the source of payment for the resident's care changes from
10private to public funds or from public to private funds, a
11written contract shall be executed between a licensee and the
12following in order of priority:
13        (1) the person, or if the person is a minor, his parent
14    or guardian; or
15        (2) the person's guardian, if any, or agent, if any, as
16    defined in Section 2-3 of the Illinois Power of Attorney
17    Act; or
18        (3) a member of the person's immediate family.
19    An adult person shall be presumed to have the capacity to
20contract for admission to a long term care facility unless he
21has been adjudicated a "person with a disability" within the
22meaning of Section 11a-2 of the Probate Act of 1975, or unless
23a petition for such an adjudication is pending in a circuit

 

 

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1court of Illinois.
2    If there is no guardian, agent or member of the person's
3immediate family available, able or willing to execute the
4contract required by this Section and a physician determines
5that a person is so disabled as to be unable to consent to
6placement in a facility, or if a person has already been found
7to be a "person with a disability", but no order has been
8entered allowing residential placement of the person, that
9person may be admitted to a facility before the execution of a
10contract required by this Section; provided that a petition for
11guardianship or for modification of guardianship is filed
12within 15 days of the person's admission to a facility, and
13provided further that such a contract is executed within 10
14days of the disposition of the petition.
15    No adult shall be admitted to a facility if he objects,
16orally or in writing, to such admission, except as otherwise
17provided in Chapters III and IV of the Mental Health and
18Developmental Disabilities Code or Section 11a-14.1 of the
19Probate Act of 1975.
20    If a person has not executed a contract as required by this
21Section, then such a contract shall be executed on or before
22July 1, 1981, or within 10 days after the disposition of a
23petition for guardianship or modification of guardianship that
24was filed prior to July 1, 1981, whichever is later.
25    Before a licensee enters a contract under this Section, it
26shall provide the prospective resident and his or her guardian,

 

 

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1if any, with written notice of the licensee's policy regarding
2discharge of a resident whose private funds for payment of care
3are exhausted.
4    Before a licensee enters into a contract under this
5Section, it shall provide the resident or prospective resident
6and his or her guardian, if any, with a copy of the licensee's
7policy regarding the assignment of Social Security
8representative payee status as a condition of the contract when
9the resident's or prospective resident's care is being funded
10under Title XIX of the Social Security Act and Article V of the
11Illinois Public Aid Code.
12    (b) A resident shall not be discharged or transferred at
13the expiration of the term of a contract, except as provided in
14Sections 3-401 through 3-423.
15    (c) At the time of the resident's admission to the
16facility, a copy of the contract shall be given to the
17resident, his guardian, if any, and any other person who
18executed the contract.
19    (d) A copy of the contract for a resident who is supported
20by nonpublic funds other than the resident's own funds shall be
21made available to the person providing the funds for the
22resident's support.
23    (e) The original or a copy of the contract shall be
24maintained in the facility and be made available upon request
25to representatives of the Department and the Department of
26Healthcare and Family Services.

 

 

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1    (f) The contract shall be written in clear and unambiguous
2language and shall be printed in not less than 12-point type.
3The general form of the contract shall be prescribed by the
4Department.
5    (g) The contract shall specify:
6        (1) the term of the contract;
7        (2) the services to be provided under the contract and
8    the charges for the services;
9        (3) the services that may be provided to supplement the
10    contract and the charges for the services;
11        (4) the sources liable for payments due under the
12    contract;
13        (5) the amount of deposit paid; and
14        (6) the rights, duties and obligations of the resident,
15    except that the specification of a resident's rights may be
16    furnished on a separate document which complies with the
17    requirements of Section 2-211.
18    (h) The contract shall designate the name of the resident's
19representative, if any. The resident shall provide the facility
20with a copy of the written agreement between the resident and
21the resident's representative which authorizes the resident's
22representative to inspect and copy the resident's records and
23authorizes the resident's representative to execute the
24contract on behalf of the resident required by this Section.
25The agreement may also authorize the resident's representative
26to represent the resident's interests in securing and

 

 

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1maintaining Medicaid long-term care benefits, including
2banking records, redeterminations, appeal proceedings, and
3legal challenges, or the resident may choose another individual
4or entity to perform these functions, which shall require a
5separate written agreement. An authorization granted under
6this subsection shall not be diminished or terminated by the
7death of the resident.
8    (i) The contract shall provide that if the resident is
9compelled by a change in physical or mental health to leave the
10facility, the contract and all obligations under it shall
11terminate on 7 days notice. No prior notice of termination of
12the contract shall be required, however, in the case of a
13resident's death. The contract shall also provide that in all
14other situations, a resident may terminate the contract and all
15obligations under it with 30 days notice. All charges shall be
16prorated as of the date on which the contract terminates, and,
17if any payments have been made in advance, the excess shall be
18refunded to the resident. This provision shall not apply to
19life-care contracts through which a facility agrees to provide
20maintenance and care for a resident throughout the remainder of
21his life nor to continuing-care contracts through which a
22facility agrees to supplement all available forms of financial
23support in providing maintenance and care for a resident
24throughout the remainder of his life.
25    (j) In addition to all other contract specifications
26contained in this Section admission contracts shall also

 

 

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1specify:
2        (1) whether the facility accepts Medicaid clients;
3        (2) whether the facility requires a deposit of the
4    resident or his family prior to the establishment of
5    Medicaid eligibility;
6        (3) in the event that a deposit is required, a clear
7    and concise statement of the procedure to be followed for
8    the return of such deposit to the resident or the
9    appropriate family member or guardian of the person;
10        (4) that all deposits made to a facility by a resident,
11    or on behalf of a resident, shall be returned by the
12    facility within 30 days of the establishment of Medicaid
13    eligibility, unless such deposits must be drawn upon or
14    encumbered in accordance with Medicaid eligibility
15    requirements established by the Department of Healthcare
16    and Family Services.
17    (k) It shall be a business offense for a facility to
18knowingly and intentionally both retain a resident's deposit
19and accept Medicaid payments on behalf of that resident.
20(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.