Full Text of HB4837 93rd General Assembly
HB4837ham003 93RD GENERAL ASSEMBLY
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Rep. Jack McGuire
Filed: 3/29/2004
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09300HB4837ham003 |
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LRB093 18943 BDD 49244 a |
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| AMENDMENT TO HOUSE BILL 4837
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| AMENDMENT NO. ______. Amend House Bill 4837, AS AMENDED, | 3 |
| with reference to page and line numbers of House Amendment No. | 4 |
| 1, as follows:
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| on page 2, immediately below line 19, by inserting the | 6 |
| following: | 7 |
| (e) Before January 1, 2008, the Department, in consultation | 8 |
| with the Assisted Living and Shared Housing Advisory Board, | 9 |
| must report to the General Assembly on the results of the | 10 |
| demonstration project. The report must include, without | 11 |
| limitation, any recommendations for changes or improvements, | 12 |
| including changes or improvements in the administration of the | 13 |
| program. | 14 |
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| Section 10. The Assisted Living and Shared Housing Act is | 16 |
| 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 | 19 |
| between an
establishment and a resident must be entitled | 20 |
| "assisted living
establishment
contract" or "shared housing | 21 |
| establishment contract" as applicable, shall be
printed in no | 22 |
| less
than 12 point type, and shall include at least the | 23 |
| following elements in the
body or through
supporting documents | 24 |
| or attachments:
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| (1) the name, street address, and mailing address of | 2 |
| the establishment;
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| (2) the name and mailing address of the owner or owners | 4 |
| of the
establishment and, if
the owner or owners are not | 5 |
| 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 | 8 |
| of the
establishment, whether
hired under a management | 9 |
| 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 | 12 |
| who is authorized
to accept
service on behalf of the owners | 13 |
| and managing agent;
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| (5) a statement describing the license status of the | 15 |
| establishment and the
license status
of all providers of | 16 |
| 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 | 20 |
| description of the
services to be
provided as part of this | 21 |
| rate;
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| (8) a description of any additional services to be | 23 |
| provided for an
additional fee by the
establishment | 24 |
| directly or by a third party provider under arrangement | 25 |
| with the
establishment;
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| (9) the fee schedules outlining the cost of any | 27 |
| additional services;
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| (10) a description of the process through which the | 29 |
| contract may be
modified, amended,
or terminated;
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| (11) a description of the establishment's complaint | 31 |
| resolution process
available to
residents and notice of the | 32 |
| 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 |
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| representative, if any;
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| (13) the resident's obligations in order to maintain | 3 |
| residency and
receive
services including compliance with | 4 |
| all assessments required under Section 15;
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| (14) the billing and payment procedures and | 6 |
| requirements;
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| (15) a statement affirming the resident's freedom to | 8 |
| receive services from
service
providers with whom the | 9 |
| 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 | 13 |
| V or Article VI of
the Illinois
Public Aid Code is not | 14 |
| available for payment for services provided in an
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| establishment , excluding contracts executed with residents | 16 |
| residing in licensed establishments participating in the | 17 |
| Department on Aging's Comprehensive Care in Residential | 18 |
| Settings Demonstration Project ;
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| (17) a statement detailing the admission, risk | 20 |
| management, and residency
termination
criteria and | 21 |
| procedures;
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| (18) a statement listing the rights specified in | 23 |
| Section 95 and
acknowledging that, by contracting with the | 24 |
| assisted
living or shared
housing establishment, the | 25 |
| resident does not forfeit those rights; and
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| (19) a statement detailing the Department's annual | 27 |
| on-site review process
including
what documents contained | 28 |
| in a resident's personal file shall be reviewed by
the | 29 |
| 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 | 33 |
| shall:
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| (1) require or authorize the State agency responsible | 2 |
| for the
administration
of the medical
assistance program | 3 |
| established under Article V and Article VI of the Illinois
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| Public Aid
Code to approve, supply, or cover services | 5 |
| provided in an assisted living or
shared housing
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| establishment , with the exception of licensed facilities | 7 |
| that participate in the Department on Aging's | 8 |
| Comprehensive Care in Residential Settings Demonstration | 9 |
| Project, which may be covered under provisions of the | 10 |
| Illinois Public Aid Code ;
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| (2) require an agency or a managed care organization to | 12 |
| approve, supply,
or
cover services
provided in an assisted | 13 |
| living or shared housing establishment; or
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| (3) require any other third party payer to approve, | 15 |
| supply or cover
medically necessary home
care services | 16 |
| provided in an assisted living establishment.
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| (Source: P.A. 91-656, eff. 1-1-01.)"; and
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| on page 2, line 21, by changing "10." to "90.".
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