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90_HB0939
210 ILCS 45/3-401.1 from Ch. 111 1/2, par. 4153-401.1
Amends the Nursing Home Care Act. Adds a caption to a
Section concerning discharge of a medical assistance
recipient or applicant.
LRB9003886DJbd
LRB9003886DJbd
1 AN ACT to amend the Nursing Home Care Act by changing
2 Section 3-401.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Nursing Home Care Act is amended by
6 changing Section 3-401.1 as follows:
7 (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
8 Sec. 3-401.1. Medical assistance recipients or
9 applicants.
10 (a) A facility participating in the Medical Assistance
11 Program is prohibited from failing or refusing to retain as a
12 resident any person because he or she is a recipient of or an
13 applicant for the Medical Assistance Program. For the
14 purposes of this Section, a recipient or applicant shall be
15 considered a resident in the facility during any hospital
16 stay totaling 10 days or less following a hospital admission.
17 The Illinois Department of Public Aid shall recoup funds from
18 a facility when, as a result of the facility's refusal to
19 readmit a recipient after hospitalization for 10 days or
20 less, the recipient incurs hospital bills in an amount
21 greater than the amount that would have been paid by that
22 Department for care of the recipient in the facility. The
23 amount of the recoupment shall be the difference between the
24 Illinois Department of Public Aid's payment for hospital care
25 and the amount that Department would have paid for care in
26 the facility.
27 (b) A facility which violates this Section shall be
28 guilty of a business offense and fined not less than $500 nor
29 more than $1,000 for the first offense and not less than
30 $1,000 nor more than $5,000 for each subsequent offense.
31 (Source: P.A. 85-1231.)