SB2574 EnrolledLRB097 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    Section 5. The Nursing Home Care Act is amended by changing
5Section 3-405 as follows:
 
6    (210 ILCS 45/3-405)  (from Ch. 111 1/2, par. 4153-405)
7    Sec. 3-405. A copy of the notice required by Section 3-402
8shall be placed in the resident's clinical record and a copy
9shall be transmitted to the Department, the resident, and the
10resident's representative, and, if the resident's care is paid
11for in whole or part through Title XIX, the Department of
12Healthcare and Family Services.
13(Source: P.A. 95-331, eff. 8-21-07.)
 
14    Section 10. The ID/DD Community Care Act is amended by
15changing Section 3-405 as follows:
 
16    (210 ILCS 47/3-405)
17    Sec. 3-405. Copy of notice in resident's record; copy to
18Department. A copy of the notice required by Section 3-402
19shall be placed in the resident's clinical record and a copy
20shall be transmitted to the Department, the resident, and the
21resident's representative, and, if the resident's care is paid

 

 

SB2574 Enrolled- 2 -LRB097 14483 KTG 59337 b

1for in whole or part through Title XIX, the Department of
2Healthcare and Family Services.
3(Source: P.A. 96-339, eff. 7-1-10.)
 
4    Section 15. The Illinois Public Aid Code is amended by
5changing Section 5-1.1 as follows:
 
6    (305 ILCS 5/5-1.1)  (from Ch. 23, par. 5-1.1)
7    Sec. 5-1.1. Definitions. The terms defined in this Section
8shall have the meanings ascribed to them, except when the
9context otherwise requires.
10    (a) "Nursing facility" means a facility, licensed by the
11Department of Public Health under the Nursing Home Care Act,
12that provides nursing facility services within the meaning of
13Title XIX of the federal Social Security Act.
14    (b) "Intermediate care facility for the developmentally
15disabled" or "ICF/DD" means a facility, licensed by the
16Department of Public Health under the ID/DD Community Care Act,
17that is an intermediate care facility for the mentally retarded
18within the meaning of Title XIX of the federal Social Security
19Act.
20    (c) "Standard services" means those services required for
21the care of all patients in the facility and shall, as a
22minimum, include the following: (1) administration; (2)
23dietary (standard); (3) housekeeping; (4) laundry and linen;
24(5) maintenance of property and equipment, including

 

 

SB2574 Enrolled- 3 -LRB097 14483 KTG 59337 b

1utilities; (6) medical records; (7) training of employees; (8)
2utilization review; (9) activities services; (10) social
3services; (11) disability services; and all other similar
4services required by either the laws of the State of Illinois
5or one of its political subdivisions or municipalities or by
6Title XIX of the Social Security Act.
7    (d) "Patient services" means those which vary with the
8number of personnel; professional and para-professional skills
9of the personnel; specialized equipment, and reflect the
10intensity of the medical and psycho-social needs of the
11patients. Patient services shall as a minimum include: (1)
12physical services; (2) nursing services, including restorative
13nursing; (3) medical direction and patient care planning; (4)
14health related supportive and habilitative services and all
15similar services required by either the laws of the State of
16Illinois or one of its political subdivisions or municipalities
17or by Title XIX of the Social Security Act.
18    (e) "Ancillary services" means those services which
19require a specific physician's order and defined as under the
20medical assistance program as not being routine in nature for
21skilled nursing facilities and ICF/DDs. Such services
22generally must be authorized prior to delivery and payment as
23provided for under the rules of the Department of Healthcare
24and Family Services.
25    (f) "Capital" means the investment in a facility's assets
26for both debt and non-debt funds. Non-debt capital is the

 

 

SB2574 Enrolled- 4 -LRB097 14483 KTG 59337 b

1difference between an adjusted replacement value of the assets
2and the actual amount of debt capital.
3    (g) "Profit" means the amount which shall accrue to a
4facility as a result of its revenues exceeding its expenses as
5determined in accordance with generally accepted accounting
6principles.
7    (h) "Non-institutional services" means those services
8provided under paragraph (f) of Section 3 of the Disabled
9Persons Rehabilitation Act and those services provided under
10Section 4.02 of the Illinois Act on the Aging.
11    (i) (Blank) "Exceptional medical care" means the level of
12medical care required by persons who are medically stable for
13discharge from a hospital but who require acute intensity
14hospital level care for physician, nurse and ancillary
15specialist services, including persons with acquired
16immunodeficiency syndrome (AIDS) or a related condition. Such
17care shall consist of those services which the Department shall
18determine by rule.
19    (j) "Institutionalized person" means an individual who is
20an inpatient in an ICF/DD or nursing facility, or who is an
21inpatient in a medical institution receiving a level of care
22equivalent to that of an ICF/DD or nursing facility, or who is
23receiving services under Section 1915(c) of the Social Security
24Act.
25    (k) "Institutionalized spouse" means an institutionalized
26person who is expected to receive services at the same level of

 

 

SB2574 Enrolled- 5 -LRB097 14483 KTG 59337 b

1care for at least 30 days and is married to a spouse who is not
2an institutionalized person.
3    (l) "Community spouse" is the spouse of an
4institutionalized spouse.
5(Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12.)
 
6    (305 ILCS 5/12-10.8 rep.)
7    (305 ILCS 5/12-10.9 rep.)
8    Section 20. The Illinois Public Aid Code is amended by
9repealing Sections 12-10.8 and 12-10.9.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.