Illinois General Assembly - Bill Status for HB3529

Amends the Criminal Code of 2012. Provides that any person who assumes the responsibility of managing the financial affairs of an elderly person who is a resident of a facility licensed under the Nursing Home Care Act or person with a disability who is a resident of a facility licensed under the Nursing Home Care Act commits financial exploitation of an elderly person or person with a disability if that person misappropriates the funds of the elderly person or person with a disability and fails to pay for the facility care of the elderly person or person with a disability. Provides that evidence of misappropriating funds and failure to pay for the care of an elderly or disabled person may include proof that the facility has sent to the person who has assumed responsibility of managing the financial affairs of an elderly person or person with a disability, by certified mail with confirmation receipt requested, notification of failure to pay facility care expenses incurred by the elderly person or person with a disability.

Amends the Unified Code of Corrections. Provides that in addition to the sentence provided for in the Criminal Code of 2012, the State's Attorney of the county that prosecuted the defendant shall request that the court order a person convicted of financial exploitation of an elderly person or a person with a disability under the new offense provision, to pay restitution to the facility where the elderly person or a person with a disability is a resident of all amounts misappropriated from the elderly person or a person with a disability that are owed to the facility to pay for the care of the elderly person or a person with a disability if the facility is licensed under the Nursing Home Care Act or the ID/DD Community Care Act.

Replaces everything after the enacting clause. Amends the Criminal Code of 2012 concerning financial exploitation of an elderly person or a person with a disability. Provides that a person also commits financial exploitation of an elderly person or a person with a disability when he or she assumes the responsibility of managing the financial affairs of an elderly person who is a resident of a facility licensed under the Nursing Home Care Act or a person with a disability who is a resident of a facility licensed under the Nursing Home Care Act and fails to pay for the facility care of the elderly person or person with a disability from the assets and income of the elderly person or person with a disability which are identified as above the allowable limits required under Department of Healthcare and Family Services rules for the purposes of meeting long term care Medicaid eligibility requirements for medical assistance. Provides that evidence of failure to pay for the facility care of an elderly person or person with a disability from the assets and income of the elderly person or person with a disability which are identified as above the allowable limits required under Department of Healthcare and Family Services rules for the purposes of meeting long term care Medicaid eligibility requirements for medical assistance, may include, but is not limited to failure to comply with notification from the Department of Healthcare and Family Services of the requirement to pay from the assets and income of the elderly person or person with a disability which are identified as above the allowable limits required under Department of Healthcare and Family Services rules for the purposes of meeting long term care Medicaid eligibility requirements for medical assistance. Amends the Unified Code of Corrections. Provides that in addition to the sentence provided for financial exploitation of an elderly person or a person with a disability, the State's Attorney of the county that prosecuted the defendant shall request that the court order a person convicted of financial exploitation of an elderly person or a person with a disability, to pay restitution to the facility where the elderly person or a person with a disability resided at the time of the financial exploitation of all amounts that are owed to the facility to pay for the care of the elderly person or a person with a disability.

Replaces everything after the enacting clause. Amends the Criminal Code of 2012 concerning financial exploitation of an elderly person or a person with a disability. Provides that the offense includes obtaining control over the property of an elderly person or a person with a disability or illegally using the assets or resources of an elderly person or a person with a disability, including income required to be applied to the cost of care of an elderly person or person with a disability residing in a facility licensed under the Nursing Home Care Act in order to establish and maintain Medicaid eligibility for long term care supports and services as provided in the Illinois Public Aid Code. Amends the Unified Code of Corrections. Provides that in addition to the sentence provided for the offense, the State's Attorney of the county that prosecuted the defendant shall request that the court order a person convicted of financial exploitation of an elderly person or a person with a disability, who failed to pay the long term care facility licensed under the Nursing Home Care Act for care provided to the elderly person or person with a disability, to pay restitution to the facility where the elderly person or a person with a disability resided at the time of the financial exploitation of all amounts that are owed to the facility to pay for the care of the elderly person or a person with a disability. Effective immediately.

×