(210 ILCS 45/2-202)
(from Ch. 111 1/2, par. 4152-202)
(a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the source of
payment for the resident's care changes from private to public funds or
from public to private funds, a written contract shall be executed between
a licensee and the following in order of priority:
(1) the person, or if the person is a minor, his
(2) the person's guardian, if any, or agent, if any,
as defined in Section 2-3 of the Illinois Power of Attorney Act; or
(3) a member of the person's immediate family.
An adult person shall be presumed to have the capacity to contract for
admission to a long term care facility unless he has been adjudicated a
"person with a disability" within the meaning of Section 11a-2 of the Probate Act
of 1975, or unless a petition for such an adjudication is pending in a
circuit court of Illinois.
If there is no guardian, agent or member of the person's immediate family
available, able or willing to execute the contract required by this Section
and a physician determines that a person is so disabled as to be unable
to consent to placement in a facility, or if a person has already been found
to be a "person with a disability", but no order has been entered allowing residential
placement of the person, that person may be admitted to a facility before
the execution of a contract required by this Section; provided that a petition
for guardianship or for modification of guardianship is filed within 15
days of the person's admission to a facility, and provided further that
such a contract is executed within 10 days of the disposition of the petition.
No adult shall be admitted to a facility if he objects, orally or in writing,
to such admission, except as otherwise provided in Chapters III
and IV of the Mental Health and Developmental Disabilities Code or Section
11a-14.1 of the Probate Act of 1975.
If a person has not executed a contract as required by this Section, then
such a contract shall be executed on or before July 1, 1981, or within 10
days after the disposition of a petition for guardianship or modification
of guardianship that was filed prior to July 1, 1981, whichever is later.
Before a licensee enters a contract under this Section, it shall
provide the prospective resident and his or her guardian, if any, with written
notice of the licensee's policy regarding discharge of a resident whose
private funds for payment of care are exhausted.
Before a licensee enters into a contract under this Section, it shall provide the resident or prospective resident and his or her guardian, if any, with a copy of the licensee's policy regarding the assignment of Social Security representative payee status as a condition of the contract when the resident's or prospective resident's care is being funded under Title XIX of the Social Security Act and Article V of the Illinois Public Aid Code.
(b) A resident shall not be discharged or transferred at the expiration
of the term of a contract, except as provided in Sections 3-401 through
(c) At the time of the resident's admission to the facility, a copy of
the contract shall be given to the resident, his guardian, if any, and any
other person who executed the contract.
(d) A copy of the contract for a resident who is supported by
nonpublic funds other than the resident's own funds shall be made
available to the person providing the funds for the resident's support.
(e) The original or a copy of the contract shall be maintained in the
facility and be made available upon request to representatives of the
Department and the Department of Healthcare and Family Services.
(f) The contract shall be written in clear and unambiguous language
and shall be printed in not less than 12-point type. The general form
of the contract shall be prescribed by the Department.
(g) The contract shall specify:
(1) the term of the contract;
(2) the services to be provided under the contract
and the charges for the services;
(3) the services that may be provided to supplement
the contract and the charges for the services;
(4) the sources liable for payments due under the
(5) the amount of deposit paid; and
(6) the rights, duties and obligations of the
resident, except that the specification of a resident's rights may be furnished on a separate document which complies with the requirements of Section 2-211.
(h) The contract shall designate the name of the resident's
representative, if any. The resident shall provide the facility with a copy
of the written agreement between the resident and the resident's representative
which authorizes the resident's representative to inspect and copy the
resident's records and authorizes the resident's representative to execute
the contract on behalf of the resident required by this Section.
(i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall terminate on 7
days notice. No prior notice of termination of the contract shall be
required, however, in the case of a resident's death. The contract shall also provide
that in all other situations, a
resident may terminate the contract and all obligations under it with 30
days notice. All charges shall be prorated as of the date on which the
contract terminates, and, if any payments have been made in advance, the
excess shall be refunded to the resident. This provision shall not apply
to life-care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of his life
nor to continuing-care contracts through which a facility agrees to
supplement all available forms of financial support in providing
maintenance and care for a resident throughout the remainder of his life.
(j) In addition to all other contract specifications contained in this
Section admission contracts shall also specify:
(1) whether the facility accepts Medicaid clients;
(2) whether the facility requires a deposit of the
resident or his family prior to the establishment of Medicaid eligibility;
(3) in the event that a deposit is required, a clear
and concise statement of the procedure to be followed for the return of such deposit to the resident or the appropriate family member or guardian of the person;
(4) that all deposits made to a facility by a
resident, or on behalf of a resident, shall be returned by the facility within 30 days of the establishment of Medicaid eligibility, unless such deposits must be drawn upon or encumbered in accordance with Medicaid eligibility requirements established by the Department of Healthcare and Family Services.
(k) It shall be a business offense for a facility to knowingly and
intentionally both retain a resident's deposit and accept Medicaid
payments on behalf of that resident.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15.)