Sen. William Delgado

Filed: 2/8/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2574

2    AMENDMENT NO. ______. Amend Senate Bill 2574 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Nursing Home Care Act is amended by
5changing Section 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:
 

 

 

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1    (210 ILCS 47/3-405)
2    Sec. 3-405. Copy of notice in resident's record; copy to
3Department. A copy of the notice required by Section 3-402
4shall be placed in the resident's clinical record and a copy
5shall be transmitted to the Department, the resident, and the
6resident's representative, and, if the resident's care is paid
7for in whole or part through Title XIX, the Department of
8Healthcare and Family Services.
9(Source: P.A. 96-339, eff. 7-1-10.)
 
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
22Department of Public Health under the ID/DD Community Care Act,
23that is an intermediate care facility for the mentally retarded

 

 

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

 

 

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

 

 

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