Full Text of SB1197 98th General Assembly
SB1197enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Nursing Home Care Act is amended by changing | 5 | | Section 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 | 9 | | priority,
each resident, or the resident's guardian, if any, or | 10 | | the resident's
representative, if any, or the resident's | 11 | | immediate family member,
if any, with a written statement | 12 | | explaining to the resident and to the
resident's spouse (a) | 13 | | their spousal impoverishment rights, as defined at
Section 5-4 | 14 | | of the Illinois Public Aid Code, and at Section 303 of Title | 15 | | III of the Medicare Catastrophic
Coverage Act of 1988 (P.L. | 16 | | 100-360), and (b) their obligation to comply with the asset and | 17 | | income disclosure requirements of Title XIX of the federal | 18 | | Social Security Act and the regulations duly promulgated | 19 | | thereunder, except that this item (b) does not apply to | 20 | | facilities operated by the Illinois Department of Veterans' | 21 | | Affairs that do not participate in Medicaid, and (c) the
| 22 | | resident's rights regarding personal
funds and listing the | 23 | | services for which the resident will be charged. The
facility |
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| 1 | | shall obtain a signed acknowledgment from each resident or the
| 2 | | resident's guardian, if any, or the resident's representative, | 3 | | if any, or
the resident's immediate family member, if any, that | 4 | | such person has
received the statement and understands that | 5 | | failure to comply with asset and income disclosure requirements | 6 | | may result in the denial of Medicaid eligibility .
| 7 | | (2) May accept funds from a resident for safekeeping and | 8 | | managing, if
it receives written authorization from, in order | 9 | | of priority, the resident
or the resident's guardian, if any, | 10 | | or the resident's representative,
if any, or the resident's | 11 | | immediate family member, if any; such authorization
shall be | 12 | | attested to by a witness who has no pecuniary interest in the | 13 | | facility
or its operations, and who is not connected in any way | 14 | | to facility
personnel or the administrator in any manner | 15 | | whatsoever.
| 16 | | (3) Shall maintain and allow, in order of priority, each | 17 | | resident
or the resident's guardian, if any, or the resident's | 18 | | representative,
if any, or the resident's immediate family | 19 | | member, if any, access to a
written record of all financial | 20 | | arrangements and transactions involving
the individual | 21 | | resident's funds.
| 22 | | (4) Shall provide, in order of priority, each resident, or | 23 | | the resident's
guardian, if any, or the resident's | 24 | | representative, if any,
or the resident's immediate family | 25 | | member, if any, with a written itemized
statement at least | 26 | | quarterly, of all financial transactions involving
the |
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| 1 | | resident's funds.
| 2 | | (5) Shall purchase a surety bond, or otherwise provide | 3 | | assurance
satisfactory to the Departments of Public Health and | 4 | | Insurance that all
residents' personal funds deposited with the | 5 | | facility are secure against
loss, theft, and insolvency.
| 6 | | (6) Shall keep any funds received from a resident for | 7 | | safekeeping in an
account separate from the facility's funds, | 8 | | and shall at no time withdraw
any part or all of such funds for | 9 | | any purpose other than to return the
funds to the resident upon | 10 | | the request of the resident or any other person
entitled to | 11 | | make such request, to pay the resident his allowance, or to
| 12 | | make any other payment authorized by the resident or any other | 13 | | person
entitled to make such authorization.
| 14 | | (7) Shall deposit any funds received from a resident in | 15 | | excess of $100 in
an interest bearing account insured by | 16 | | agencies of, or corporations chartered
by, the State or federal | 17 | | government. The account shall be in a form which
clearly | 18 | | indicates that the facility has only a fiduciary interest in | 19 | | the
funds and any interest from the account shall accrue to the | 20 | | resident. The
facility may keep up to $100 of a resident's | 21 | | money in a non-interest bearing
account or petty cash fund, to | 22 | | be readily available for the resident's current
expenditures.
| 23 | | (8) Shall return to the resident, or the person who | 24 | | executed the written
authorization required in subsection (2) | 25 | | of this Section, upon written
request, all or any part of the | 26 | | resident's funds given the facility for
safekeeping, including |
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| 1 | | the interest accrued from deposits.
| 2 | | (9) Shall (a) place any monthly allowance to which a | 3 | | resident is entitled
in that resident's personal account, or | 4 | | give it to the resident, unless
the facility has written | 5 | | authorization from the resident or the resident's
guardian or | 6 | | if the resident is a minor, his parent, to handle it
| 7 | | differently, (b) take all steps necessary to ensure that a | 8 | | personal needs
allowance that is placed in a resident's | 9 | | personal account is used
exclusively by the resident or for the | 10 | | benefit of the resident, and
(c) where such funds are withdrawn | 11 | | from the resident's personal account by
any person other than | 12 | | the resident, require such person to whom funds
constituting | 13 | | any part of a resident's personal needs allowance are
released, | 14 | | to execute an affidavit that such funds shall be used | 15 | | exclusively
for the benefit of the resident.
| 16 | | (10) Unless otherwise provided by State law, upon the death | 17 | | of a resident,
shall provide the executor or administrator of | 18 | | the resident's estate with
a complete accounting of all the | 19 | | resident's personal property, including
any funds of the | 20 | | resident being held by the facility.
| 21 | | (11) If an adult resident is incapable of managing his | 22 | | funds and does
not have a resident's representative, guardian, | 23 | | or an immediate family
member, shall notify the Office of the | 24 | | State Guardian of the Guardianship
and Advocacy Commission.
| 25 | | (12) If the facility is sold, shall provide the buyer with | 26 | | a written
verification by a public accountant of all residents' |
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| 1 | | monies and properties
being transferred, and obtain a signed | 2 | | receipt from the new owner.
| 3 | | (Source: P.A. 86-410; 86-486; 86-1028; 87-551; 87-1122.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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