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    AN ACT concerning regulation.

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

 
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    Section 2. The Illinois Act on the Aging is amended  by 
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changing Section 4.03 as follows:
 



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    (20 ILCS 105/4.03)  (from Ch. 23, par. 6104.03)



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    Sec. 4.03. The Department on Aging, in cooperation with the 
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Department of
Human Services and any other appropriate State, 
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local or
federal agency, shall, without regard to income 
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guidelines, establish a
nursing home prescreening program to 
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determine whether Alzheimer's Disease
and related disorders 
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victims, and persons who are deemed as blind or
disabled as 
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defined by the Social Security Act and who are in need of long

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term care, may be satisfactorily cared for in their homes 
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through the use
of home and community based services. 
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Responsibility for prescreening shall be vested with case 
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coordination units.
Prescreening shall occur: (i) when 
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hospital discharge planners have advised the case coordination 
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unit of the imminent risk of nursing home placement of a 
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patient who meets the above criteria and in advance of 
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discharge of the patient; or (ii) when a case coordination unit 
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has been advised of the imminent risk of nursing home placement 
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of an individual in the community.  The individual who is 
 


 






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prescreened shall be informed of all appropriate options, 
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including placement in a nursing home and the availability of 
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in-home and community-based services and shall be advised of 
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her or his right to refuse nursing home, in-home, 
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community-based, or all services.  Case coordination units 
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under
contract with the Department may charge a fee for the 
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prescreening provided
under this Section and the fee shall be 
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no greater than the cost of such
services to the case 
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coordination unit.

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(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)


 
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    Section 5. The Hospital Licensing Act is amended  by 
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changing Section 6.09 as follows:
 



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    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)



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    Sec. 6.09. (a) In order to facilitate the orderly 
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transition of aged
and disabled patients from hospitals to 
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post-hospital care, whenever a
patient who qualifies for the

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federal Medicare program is hospitalized, the patient shall be 
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notified
of discharge at least
24 hours prior to discharge from

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the hospital. With regard to pending discharges to  a skilled 
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nursing facility, the hospital must notify the case 
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coordination unit, as defined in 89 Ill. Adm. Code 240.260, at 
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least 24 hours prior to discharge or, if home health services 
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are  ordered, the hospital must inform its designated case 
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coordination unit, as defined in 89 Ill. Adm. Code 240.260, of 
 


 






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the pending discharge and must provide the patient with the 
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case coordination unit's telephone number and other contact 
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information.


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    (b) Every hospital shall develop procedures for a physician 
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with medical
staff privileges at the hospital or any 
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appropriate medical staff member to
provide the discharge 
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notice prescribed in subsection (a) of this Section. The 
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procedures must include prohibitions against discharging or 
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referring a patient to any of the following if unlicensed, 
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uncertified, or unregistered: (i) a board and care facility, as 
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defined in the Board and Care Home Registration Act; (ii) an 
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assisted living and shared housing establishment, as defined in 
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the Assisted Living and Shared Housing Act;  (iii) a facility 
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licensed under the Nursing Home Care Act; (iv) a supportive 
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living facility, as defined in Section 5-5.01a of the Illinois 
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Public Aid Code;  or (v) a free-standing hospice facility 
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licensed under the Hospice Program Licensing Act if licensure, 
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certification, or registration is required.  The Department of 
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Public Health shall annually provide hospitals with a list of 
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licensed, certified, or registered board and care facilities, 
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assisted living and shared housing establishments, nursing 
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homes, supportive living facilities, and hospice facilities. 
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Reliance upon this list by a hospital shall satisfy compliance 
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with this requirement.
The procedure may also include a waiver 
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for any case in which a discharge
notice is not feasible due to 
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a short length of stay in the hospital by the patient,
or for 
 


 






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any case in which the patient voluntarily desires to leave the

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hospital before the expiration of the
24 hour period.

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    (c) At least
24 hours prior to discharge from the hospital, 
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the
patient shall receive written information on the patient's 
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right to appeal the
discharge pursuant to the
federal Medicare 
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program, including the steps to follow to appeal
the discharge 
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and the appropriate telephone number to call in case the

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patient intends to appeal the discharge.

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(Source: P.A. 94-335, eff. 7-26-05.)

 

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