97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2574

 

Introduced 1/11/2012, by Sen. William Delgado

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 45/3-405 rep.
210 ILCS 47/3-405 rep.
305 ILCS 5/5-1.1  from Ch. 23, par. 5-1.1
305 ILCS 5/12-10.8 rep.
305 ILCS 5/12-10.9 rep.

    Amends the Nursing Home Care Act. Repeals a provision concerning the placement of involuntary transfer or discharge notices in a nursing home resident's clinical record. Amends the ID/DD Community Care Act. Repeals a provision concerning the transmission of involuntary transfer or discharge notices to the Department of Public Health, the named resident, the resident's representative, and, if the resident's care is paid for in whole or in part with federal funds, the Department of Healthcare and Family Services. Amends the Illinois Public Aid Code. Removes the term "exceptional medical care" and its corresponding definition. Repeals a provision requiring the Department of Healthcare and Family Services to enter into a contract for $1,000,000 with the provider of community mental health services that has more than 700 beds at over 30 service locations in multiple counties for purposes of supporting the implementation of time-limited resident review and rapid reintegration targeted to residents of federally defined Institutions for Mental Disease. Repeals a provision requiring the Department to utilize up to $2,000,000 of the Fiscal Year 2009 appropriations for federally defined Institutions for Mental Disease to pay providers of community mental health services that are certified by the Department of Human Services. Effective immediately.


LRB097 14483 KTG 59337 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2574LRB097 14483 KTG 59337 b

1    AN ACT concerning public aid.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (210 ILCS 45/3-405 rep.)
5    Section 5. The Nursing Home Care Act is amended by
6repealing Section 3-405.
 
7    (210 ILCS 47/3-405 rep.)
8    Section 10. The ID/DD Community Care Act is amended by
9repealing Section 3-405.
 
10    Section 15. The Illinois Public Aid Code is amended by
11changing Section 5-1.1 as follows:
 
12    (305 ILCS 5/5-1.1)  (from Ch. 23, par. 5-1.1)
13    Sec. 5-1.1. Definitions. The terms defined in this Section
14shall have the meanings ascribed to them, except when the
15context otherwise requires.
16    (a) "Nursing facility" means a facility, licensed by the
17Department of Public Health under the Nursing Home Care Act,
18that provides nursing facility services within the meaning of
19Title XIX of the federal Social Security Act.
20    (b) "Intermediate care facility for the developmentally
21disabled" or "ICF/DD" means a facility, licensed by the

 

 

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1Department of Public Health under the ID/DD Community Care Act,
2that is an intermediate care facility for the mentally retarded
3within the meaning of Title XIX of the federal Social Security
4Act.
5    (c) "Standard services" means those services required for
6the care of all patients in the facility and shall, as a
7minimum, include the following: (1) administration; (2)
8dietary (standard); (3) housekeeping; (4) laundry and linen;
9(5) maintenance of property and equipment, including
10utilities; (6) medical records; (7) training of employees; (8)
11utilization review; (9) activities services; (10) social
12services; (11) disability services; and all other similar
13services required by either the laws of the State of Illinois
14or one of its political subdivisions or municipalities or by
15Title XIX of the Social Security Act.
16    (d) "Patient services" means those which vary with the
17number of personnel; professional and para-professional skills
18of the personnel; specialized equipment, and reflect the
19intensity of the medical and psycho-social needs of the
20patients. Patient services shall as a minimum include: (1)
21physical services; (2) nursing services, including restorative
22nursing; (3) medical direction and patient care planning; (4)
23health related supportive and habilitative services and all
24similar services required by either the laws of the State of
25Illinois or one of its political subdivisions or municipalities
26or by Title XIX of the Social Security Act.

 

 

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1    (e) "Ancillary services" means those services which
2require a specific physician's order and defined as under the
3medical assistance program as not being routine in nature for
4skilled nursing facilities and ICF/DDs. Such services
5generally must be authorized prior to delivery and payment as
6provided for under the rules of the Department of Healthcare
7and Family Services.
8    (f) "Capital" means the investment in a facility's assets
9for both debt and non-debt funds. Non-debt capital is the
10difference between an adjusted replacement value of the assets
11and the actual amount of debt capital.
12    (g) "Profit" means the amount which shall accrue to a
13facility as a result of its revenues exceeding its expenses as
14determined in accordance with generally accepted accounting
15principles.
16    (h) "Non-institutional services" means those services
17provided under paragraph (f) of Section 3 of the Disabled
18Persons Rehabilitation Act and those services provided under
19Section 4.02 of the Illinois Act on the Aging.
20    (i) (Blank) "Exceptional medical care" means the level of
21medical care required by persons who are medically stable for
22discharge from a hospital but who require acute intensity
23hospital level care for physician, nurse and ancillary
24specialist services, including persons with acquired
25immunodeficiency syndrome (AIDS) or a related condition. Such
26care shall consist of those services which the Department shall

 

 

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1determine by rule.
2    (j) "Institutionalized person" means an individual who is
3an inpatient in an ICF/DD or nursing facility, or who is an
4inpatient in a medical institution receiving a level of care
5equivalent to that of an ICF/DD or nursing facility, or who is
6receiving services under Section 1915(c) of the Social Security
7Act.
8    (k) "Institutionalized spouse" means an institutionalized
9person who is expected to receive services at the same level of
10care for at least 30 days and is married to a spouse who is not
11an institutionalized person.
12    (l) "Community spouse" is the spouse of an
13institutionalized spouse.
14(Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12.)
 
15    (305 ILCS 5/12-10.8 rep.)
16    (305 ILCS 5/12-10.9 rep.)
17    Section 20. The Illinois Public Aid Code is amended by
18repealing Sections 12-10.8 and 12-10.9.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.