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1    AN ACT concerning regulation.
 
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 2-201 as follows:
 
6    (210 ILCS 45/2-201)  (from Ch. 111 1/2, par. 4152-201)
7    Sec. 2-201. To protect the residents' funds, the facility:
8    (1) Shall at the time of admission provide, in order of
9priority, each resident, or the resident's guardian, if any, or
10the resident's representative, if any, or the resident's
11immediate family member, if any, with a written statement
12explaining to the resident and to the resident's spouse (a)
13their spousal impoverishment rights, as defined at Section 5-4
14of the Illinois Public Aid Code, and at Section 303 of Title
15III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
16100-360), and (b) the resident's rights regarding personal
17funds and listing the services for which the resident will be
18charged. The facility shall obtain a signed acknowledgment from
19each resident or the resident's guardian, if any, or the
20resident's representative, if any, or the resident's immediate
21family member, if any, that such person has received the
22statement.
23    (2) May accept funds from a resident for safekeeping and

 

 

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1managing, if it receives written authorization from, in order
2of priority, the resident or the resident's guardian, if any,
3or the resident's representative, if any, or the resident's
4immediate family member, if any; such authorization shall be
5attested to by a witness who has no pecuniary interest in the
6facility or its operations, and who is not connected in any way
7to facility personnel or the administrator in any manner
8whatsoever.
9    (3) Shall maintain and allow, in order of priority, each
10resident or the resident's guardian, if any, or the resident's
11representative, if any, or the resident's immediate family
12member, if any, access to a written record of all financial
13arrangements and transactions involving the individual
14resident's funds.
15    (4) Shall provide, in order of priority, each resident, or
16the resident's guardian, if any, or the resident's
17representative, if any, or the resident's immediate family
18member, if any, with a written itemized statement at least
19quarterly, of all financial transactions involving the
20resident's funds.
21    (5) Shall purchase a surety bond, or otherwise provide
22assurance satisfactory to the Departments of Public Health and
23Insurance that all residents' personal funds deposited with the
24facility are secure against loss, theft, and insolvency.
25    (6) Shall keep any funds received from a resident for
26safekeeping in an account separate from the facility's funds,

 

 

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1and shall at no time withdraw any part or all of such funds for
2any purpose other than to return the funds to the resident upon
3the request of the resident or any other person entitled to
4make such request, to pay the resident his allowance, or to
5make any other payment authorized by the resident or any other
6person entitled to make such authorization.
7    (7) Shall deposit any funds received from a resident in
8excess of $100 in an interest bearing account insured by
9agencies of, or corporations chartered by, the State or federal
10government. The account shall be in a form which clearly
11indicates that the facility has only a fiduciary interest in
12the funds and any interest from the account shall accrue to the
13resident. The facility may keep up to $100 of a resident's
14money in a non-interest bearing account or petty cash fund, to
15be readily available for the resident's current expenditures.
16    (8) Shall return to the resident, or the person who
17executed the written authorization required in subsection (2)
18of this Section, upon written request, all or any part of the
19resident's funds given the facility for safekeeping, including
20the interest accrued from deposits.
21    (9) Shall (a) place any monthly allowance to which a
22resident is entitled in that resident's personal account, or
23give it to the resident, unless the facility has written
24authorization from the resident or the resident's guardian or
25if the resident is a minor, his parent, to handle it
26differently, (b) take all steps necessary to ensure that a

 

 

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1personal needs allowance that is placed in a resident's
2personal account is used exclusively by the resident or for the
3benefit of the resident, and (c) where such funds are withdrawn
4from the resident's personal account by any person other than
5the resident, require such person to whom funds constituting
6any part of a resident's personal needs allowance are released,
7to execute an affidavit that such funds shall be used
8exclusively for the benefit of the resident.
9    (10) Unless otherwise provided by State law, upon the death
10of a resident, shall provide the executor or administrator of
11the resident's estate with a complete accounting of all the
12resident's personal property, including any funds of the
13resident being held by the facility.
14    (11) If an adult resident is incapable of managing his
15funds and does not have a resident's representative, guardian,
16or an immediate family member, shall notify the Office of the
17State Guardian of the Guardianship and Advocacy Commission.
18    (12) If the facility is sold, shall provide the buyer with
19a written verification by a public accountant of all residents'
20monies and properties being transferred, and obtain a signed
21receipt from the new owner.
22(Source: P.A. 86-410; 86-486; 86-1028; 87-551; 87-1122.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.