Full Text of HB4837 93rd General Assembly
HB4837enr 93RD GENERAL ASSEMBLY
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| AN ACT concerning the Department on Aging.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Act on the Aging is amended by | 5 |
| adding Section 4.02c as follows: | 6 |
| (20 ILCS 105/4.02c new) | 7 |
| Sec. 4.02c. Comprehensive Care in Residential Settings | 8 |
| Demonstration Project.
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| (a) The Department may establish and fund a demonstration | 10 |
| program of bundled services designed to support the specialized | 11 |
| needs of clients currently residing in projects that were | 12 |
| formerly designated as Community Based Residential Facilities. | 13 |
| Participating projects must hold a valid license, which remains | 14 |
| unsuspended, unrevoked, and unexpired, under the provisions of | 15 |
| the Assisted Living and Shared Housing Act. | 16 |
| (b) The demonstration program must include, at a minimum: | 17 |
| (1) 3 meals per day; | 18 |
| (2) routine housekeeping services; | 19 |
| (3) 24-hour-a-day security; | 20 |
| (4) an emergency response system; | 21 |
| (5) personal laundry and linen service; | 22 |
| (6) assistance with activities of daily living; | 23 |
| (7) medication management; and | 24 |
| (8) money management. | 25 |
| Optional services, such as transportation and social | 26 |
| activities, may be provided. | 27 |
| (c) Reimbursement for the program shall be based on the | 28 |
| client's level of need and functional impairment, as determined | 29 |
| by the Department. Clients must meet all eligibility | 30 |
| requirements established by rule. The Department may establish | 31 |
| a capitated reimbursement mechanism based on the client's level | 32 |
| of need and functional impairment. Reimbursement for program |
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| must be made to the Department-contracted provider delivering | 2 |
| the services. | 3 |
| (d) The Department shall adopt rules and provide oversight | 4 |
| for the project, with assistance and advice provided by the | 5 |
| Assisted Living and Shared Housing Advisory Board and Assisted | 6 |
| Living and Shared Housing Quality of Life Committee. | 7 |
| The project may be funded through the Department | 8 |
| appropriations that may include Medicaid waiver funds. | 9 |
| (e) Before January 1, 2008, the Department, in consultation | 10 |
| with the Assisted Living and Shared Housing Advisory Board, | 11 |
| must report to the General Assembly on the results of the | 12 |
| demonstration project. The report must include, without | 13 |
| limitation, any recommendations for changes or improvements, | 14 |
| including changes or improvements in the administration of the | 15 |
| program and an evaluation.
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| Section 10. The Assisted Living and Shared Housing Act is | 17 |
| amended by changing Sections 90 and 140 as follows:
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| (210 ILCS 9/90)
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| Sec. 90. Contents of service delivery contract. A contract | 20 |
| between an
establishment and a resident must be entitled | 21 |
| "assisted living
establishment
contract" or "shared housing | 22 |
| establishment contract" as applicable, shall be
printed in no | 23 |
| less
than 12 point type, and shall include at least the | 24 |
| following elements in the
body or through
supporting documents | 25 |
| or attachments:
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| (1) the name, street address, and mailing address of | 27 |
| the establishment;
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| (2) the name and mailing address of the owner or owners | 29 |
| of the
establishment and, if
the owner or owners are not | 30 |
| natural persons, the type of business entity of the
owner
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| or owners;
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| (3) the name and mailing address of the managing agent | 33 |
| of the
establishment, whether
hired under a management | 34 |
| agreement or lease agreement, if the managing agent is
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| different from the owner or owners;
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| (4) the name and address of at least one natural person | 3 |
| who is authorized
to accept
service on behalf of the owners | 4 |
| and managing agent;
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| (5) a statement describing the license status of the | 6 |
| establishment and the
license status
of all providers of | 7 |
| health-related or supportive services to a resident under
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| arrangement with the establishment;
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| (6) the duration of the contract;
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| (7) the base rate to be paid by the resident and a | 11 |
| description of the
services to be
provided as part of this | 12 |
| rate;
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| (8) a description of any additional services to be | 14 |
| provided for an
additional fee by the
establishment | 15 |
| directly or by a third party provider under arrangement | 16 |
| with the
establishment;
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| (9) the fee schedules outlining the cost of any | 18 |
| additional services;
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| (10) a description of the process through which the | 20 |
| contract may be
modified, amended,
or terminated;
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| (11) a description of the establishment's complaint | 22 |
| resolution process
available to
residents and notice of the | 23 |
| availability of the Department on Aging's Senior
Helpline
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| for
complaints;
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| (12) the name of the resident's designated | 26 |
| representative, if any;
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| (13) the resident's obligations in order to maintain | 28 |
| residency and
receive
services including compliance with | 29 |
| all assessments required under Section 15;
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| (14) the billing and payment procedures and | 31 |
| requirements;
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| (15) a statement affirming the resident's freedom to | 33 |
| receive services from
service
providers with whom the | 34 |
| establishment does not have a contractual arrangement,
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| which may also disclaim liability on the part of the
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| establishment for those services;
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| (16) a statement that medical assistance under Article | 2 |
| V or Article VI of
the Illinois
Public Aid Code is not | 3 |
| available for payment for services provided in an
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| establishment , excluding contracts executed with residents | 5 |
| residing in licensed establishments participating in the | 6 |
| Department on Aging's Comprehensive Care in Residential | 7 |
| Settings Demonstration Project ;
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| (17) a statement detailing the admission, risk | 9 |
| management, and residency
termination
criteria and | 10 |
| procedures;
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| (18) a statement listing the rights specified in | 12 |
| Section 95 and
acknowledging that, by contracting with the | 13 |
| assisted
living or shared
housing establishment, the | 14 |
| resident does not forfeit those rights; and
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| (19) a statement detailing the Department's annual | 16 |
| on-site review process
including
what documents contained | 17 |
| in a resident's personal file shall be reviewed by
the | 18 |
| on-site reviewer as defined by rule.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (210 ILCS 9/140)
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| Sec. 140. State and private funding. Nothing in this Act | 22 |
| shall:
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| (1) require or authorize the State agency responsible | 24 |
| for the
administration
of the medical
assistance program | 25 |
| established under Article V and Article VI of the Illinois
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| Public Aid
Code to approve, supply, or cover services | 27 |
| provided in an assisted living or
shared housing
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| establishment , with the exception of licensed facilities | 29 |
| that participate in the Department on Aging's | 30 |
| Comprehensive Care in Residential Settings Demonstration | 31 |
| Project, which may be covered under provisions of the | 32 |
| Illinois Public Aid Code ;
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| (2) require an agency or a managed care organization to | 34 |
| approve, supply,
or
cover services
provided in an assisted | 35 |
| living or shared housing establishment; or
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| (3) require any other third party payer to approve, | 2 |
| supply or cover
medically necessary home
care services | 3 |
| provided in an assisted living establishment.
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| (Source: P.A. 91-656, eff. 1-1-01.)
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| (20 ILCS 105/4.02b rep.) (from Ch. 23, par. 6104.02b)
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| Section 90. The Illinois Act on the Aging is amended by | 7 |
| repealing Section 4.02b.
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