Full Text of HB5223 96th General Assembly
HB5223eng 96TH GENERAL ASSEMBLY
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HB5223 Engrossed |
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LRB096 18387 KTG 33764 b |
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| AN ACT concerning 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 8.09 as follows: | 6 |
| (20 ILCS 105/8.09 new) | 7 |
| Sec. 8.09. Unlicensed or uncertified programs; board and | 8 |
| care homes. No employee of the Department, the Area Agencies on | 9 |
| Aging, or any agency under contract with the Department, shall | 10 |
| make referrals to or disseminate information, either orally or | 11 |
| in writing, regarding an unlicensed or uncertified program that | 12 |
| is required by law to be licensed or certified. Information and | 13 |
| referrals regarding a board and care home may not be made or | 14 |
| provided unless the board and care home has furnished the | 15 |
| Department or agency with a copy of its assisted living and | 16 |
| shared housing license. Use of the Department of Public | 17 |
| Health's annual list of licensed and certified facilities shall | 18 |
| satisfy compliance with this Section for all other programs. | 19 |
| Section 10. The Hospital Licensing Act is amended by | 20 |
| changing Section 6.09 as follows:
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| (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
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HB5223 Engrossed |
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LRB096 18387 KTG 33764 b |
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| (Text of Section before amendment by P.A. 96-339 )
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| Sec. 6.09. (a) In order to facilitate the orderly | 3 |
| transition of aged
and disabled patients from hospitals to | 4 |
| post-hospital care, whenever a
patient who qualifies for the
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| federal Medicare program is hospitalized, the patient shall be | 6 |
| notified
of discharge at least
24 hours prior to discharge from
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| the hospital. With regard to pending discharges to a skilled | 8 |
| nursing facility, the hospital must notify the case | 9 |
| coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | 10 |
| least 24 hours prior to discharge or, if home health services | 11 |
| are ordered, the hospital must inform its designated case | 12 |
| coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | 13 |
| the pending discharge and must provide the patient with the | 14 |
| case coordination unit's telephone number and other contact | 15 |
| information.
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| (b) Every hospital shall develop procedures for a physician | 17 |
| with medical
staff privileges at the hospital or any | 18 |
| appropriate medical staff member to
provide the discharge | 19 |
| notice prescribed in subsection (a) of this Section. The | 20 |
| procedures must include prohibitions against discharging or | 21 |
| referring a patient to any of the following if unlicensed or , | 22 |
| uncertified , or unregistered : (i) a board and care facility, as | 23 |
| defined in the Board and Care Home Act; (ii) an assisted living | 24 |
| and shared housing establishment, as defined in the Assisted | 25 |
| Living and Shared Housing Act; (iii) a facility licensed under | 26 |
| the Nursing Home Care Act; (iv) a supportive living facility, |
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HB5223 Engrossed |
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LRB096 18387 KTG 33764 b |
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| as defined in Section 5-5.01a of the Illinois Public Aid Code; | 2 |
| or (v) a free-standing hospice facility licensed under the | 3 |
| Hospice Program Licensing Act if licensure or , certification , | 4 |
| or registration is required. The Department of Public Health | 5 |
| shall annually provide hospitals with a list of licensed and , | 6 |
| certified , or registered board and care facilities, assisted | 7 |
| living and shared housing establishments, nursing homes, | 8 |
| supportive living facilities, and hospice facilities. Reliance | 9 |
| upon this list by a hospital shall satisfy compliance with this | 10 |
| requirement for all types of facilities except a board and care | 11 |
| home, which must provide a hospital with a copy of its assisted | 12 |
| living and shared housing license .
The procedure may also | 13 |
| include a waiver for any case in which a discharge
notice is | 14 |
| not feasible due to a short length of stay in the hospital by | 15 |
| the patient,
or for any case in which the patient voluntarily | 16 |
| desires to leave the
hospital before the expiration of the
24 | 17 |
| hour period.
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| (c) At least
24 hours prior to discharge from the hospital, | 19 |
| the
patient shall receive written information on the patient's | 20 |
| right to appeal the
discharge pursuant to the
federal Medicare | 21 |
| program, including the steps to follow to appeal
the discharge | 22 |
| and the appropriate telephone number to call in case the
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| patient intends to appeal the discharge.
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| (Source: P.A. 94-335, eff. 7-26-05; 95-80, eff. 8-13-07; | 25 |
| 95-651, eff. 10-11-07; 95-876, eff. 8-21-08.)
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HB5223 Engrossed |
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LRB096 18387 KTG 33764 b |
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| 1 |
| (Text of Section after amendment by P.A. 96-339 ) | 2 |
| Sec. 6.09. (a) In order to facilitate the orderly | 3 |
| transition of aged
and disabled patients from hospitals to | 4 |
| post-hospital care, whenever a
patient who qualifies for the
| 5 |
| federal Medicare program is hospitalized, the patient shall be | 6 |
| notified
of discharge at least
24 hours prior to discharge from
| 7 |
| the hospital. With regard to pending discharges to a skilled | 8 |
| nursing facility, the hospital must notify the case | 9 |
| coordination unit, as defined in 89 Ill. Adm. Code 240.260, at | 10 |
| least 24 hours prior to discharge or, if home health services | 11 |
| are ordered, the hospital must inform its designated case | 12 |
| coordination unit, as defined in 89 Ill. Adm. Code 240.260, of | 13 |
| the pending discharge and must provide the patient with the | 14 |
| case coordination unit's telephone number and other contact | 15 |
| information.
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| (b) Every hospital shall develop procedures for a physician | 17 |
| with medical
staff privileges at the hospital or any | 18 |
| appropriate medical staff member to
provide the discharge | 19 |
| notice prescribed in subsection (a) of this Section. The | 20 |
| procedures must include prohibitions against discharging or | 21 |
| referring a patient to any of the following if unlicensed or , | 22 |
| uncertified , or unregistered : (i) a board and care facility, as | 23 |
| defined in the Board and Care Home Act; (ii) an assisted living | 24 |
| and shared housing establishment, as defined in the Assisted | 25 |
| Living and Shared Housing Act; (iii) a facility licensed under | 26 |
| the Nursing Home Care Act or the MR/DD Community Care Act; (iv) |
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HB5223 Engrossed |
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LRB096 18387 KTG 33764 b |
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| a supportive living facility, as defined in Section 5-5.01a of | 2 |
| the Illinois Public Aid Code; or (v) a free-standing hospice | 3 |
| facility licensed under the Hospice Program Licensing Act if | 4 |
| licensure or , certification , or registration is required. The | 5 |
| Department of Public Health shall annually provide hospitals | 6 |
| with a list of licensed and , certified , or registered board | 7 |
| and care facilities, assisted living and shared housing | 8 |
| establishments, nursing homes, supportive living facilities, | 9 |
| facilities licensed under the MR/DD Community Care Act, and | 10 |
| hospice facilities. Reliance upon this list by a hospital shall | 11 |
| satisfy compliance with this requirement for all types of | 12 |
| facilities except a board and care home, which must provide a | 13 |
| hospital with a copy of its assisted living and shared housing | 14 |
| license .
The procedure may also include a waiver for any case | 15 |
| in which a discharge
notice is not feasible due to a short | 16 |
| length of stay in the hospital by the patient,
or for any case | 17 |
| in which the patient voluntarily desires to leave the
hospital | 18 |
| before the expiration of the
24 hour period.
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| (c) At least
24 hours prior to discharge from the hospital, | 20 |
| the
patient shall receive written information on the patient's | 21 |
| right to appeal the
discharge pursuant to the
federal Medicare | 22 |
| program, including the steps to follow to appeal
the discharge | 23 |
| and the appropriate telephone number to call in case the
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| patient intends to appeal the discharge.
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| (Source: P.A. 95-80, eff. 8-13-07; 95-651, eff. 10-11-07; | 26 |
| 95-876, eff. 8-21-08; 96-339, eff. 7-1-10.)
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HB5223 Engrossed |
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LRB096 18387 KTG 33764 b |
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| Section 95. No acceleration or delay. Where this Act makes | 2 |
| changes in a statute that is represented in this Act by text | 3 |
| that is not yet or no longer in effect (for example, a Section | 4 |
| represented by multiple versions), the use of that text does | 5 |
| not accelerate or delay the taking effect of (i) the changes | 6 |
| made by this Act or (ii) provisions derived from any other | 7 |
| Public Act.
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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