Full Text of HB1457 98th General Assembly
HB1457 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1457 Introduced , by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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210 ILCS 45/2-201 | from Ch. 111 1/2, par. 4152-201 |
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Amends the Nursing Home Care Act. Provides that to protect a residents' funds, a facility shall place any monthly allowance to which a resident is entitled
in that resident's personal account, or give it to the resident, unless
the facility has written authorization from the resident or the resident's
guardian (now, the resident or the resident's
guardian or if the resident is a minor, his parent) to handle it
differently. Effective immediately.
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| | A BILL FOR |
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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) the
resident's rights regarding personal
| 17 | | funds and listing the services for which the resident will be | 18 | | charged. The
facility shall obtain a signed acknowledgment from | 19 | | each resident or the
resident's guardian, if any, or the | 20 | | resident's representative, if any, or
the resident's immediate | 21 | | family member, if any, that such person has
received the | 22 | | statement.
| 23 | | (2) May accept funds from a resident for safekeeping and |
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| 1 | | managing, if
it receives written authorization from, in order | 2 | | of priority, the resident
or the resident's guardian, if any, | 3 | | or the resident's representative,
if any, or the resident's | 4 | | immediate family member, if any; such authorization
shall be | 5 | | attested to by a witness who has no pecuniary interest in the | 6 | | facility
or its operations, and who is not connected in any way | 7 | | to facility
personnel or the administrator in any manner | 8 | | whatsoever.
| 9 | | (3) Shall maintain and allow, in order of priority, each | 10 | | resident
or the resident's guardian, if any, or the resident's | 11 | | representative,
if any, or the resident's immediate family | 12 | | member, if any, access to a
written record of all financial | 13 | | arrangements and transactions involving
the individual | 14 | | resident's funds.
| 15 | | (4) Shall provide, in order of priority, each resident, or | 16 | | the resident's
guardian, if any, or the resident's | 17 | | representative, if any,
or the resident's immediate family | 18 | | member, if any, with a written itemized
statement at least | 19 | | quarterly, of all financial transactions involving
the | 20 | | resident's funds.
| 21 | | (5) Shall purchase a surety bond, or otherwise provide | 22 | | assurance
satisfactory to the Departments of Public Health and | 23 | | Insurance that all
residents' personal funds deposited with the | 24 | | facility are secure against
loss, theft, and insolvency.
| 25 | | (6) Shall keep any funds received from a resident for | 26 | | safekeeping in an
account separate from the facility's funds, |
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| 1 | | and shall at no time withdraw
any part or all of such funds for | 2 | | any purpose other than to return the
funds to the resident upon | 3 | | the request of the resident or any other person
entitled to | 4 | | make such request, to pay the resident his allowance, or to
| 5 | | make any other payment authorized by the resident or any other | 6 | | person
entitled to make such authorization.
| 7 | | (7) Shall deposit any funds received from a resident in | 8 | | excess of $100 in
an interest bearing account insured by | 9 | | agencies of, or corporations chartered
by, the State or federal | 10 | | government. The account shall be in a form which
clearly | 11 | | indicates that the facility has only a fiduciary interest in | 12 | | the
funds and any interest from the account shall accrue to the | 13 | | resident. The
facility may keep up to $100 of a resident's | 14 | | money in a non-interest bearing
account or petty cash fund, to | 15 | | be readily available for the resident's current
expenditures.
| 16 | | (8) Shall return to the resident, or the person who | 17 | | executed the written
authorization required in subsection (2) | 18 | | of this Section, upon written
request, all or any part of the | 19 | | resident's funds given the facility for
safekeeping, including | 20 | | the interest accrued from deposits.
| 21 | | (9) Shall (a) place any monthly allowance to which a | 22 | | resident is entitled
in that resident's personal account, or | 23 | | give it to the resident, unless
the facility has written | 24 | | authorization from the resident or the resident's
guardian or | 25 | | if the resident is a minor, his parent, to handle it
| 26 | | differently, (b) take all steps necessary to ensure that a |
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| 1 | | personal needs
allowance that is placed in a resident's | 2 | | personal account is used
exclusively by the resident or for the | 3 | | benefit of the resident, and
(c) where such funds are withdrawn | 4 | | from the resident's personal account by
any person other than | 5 | | the resident, require such person to whom funds
constituting | 6 | | any part of a resident's personal needs allowance are
released, | 7 | | to execute an affidavit that such funds shall be used | 8 | | exclusively
for the benefit of the resident.
| 9 | | (10) Unless otherwise provided by State law, upon the death | 10 | | of a resident,
shall provide the executor or administrator of | 11 | | the resident's estate with
a complete accounting of all the | 12 | | resident's personal property, including
any funds of the | 13 | | resident being held by the facility.
| 14 | | (11) If an adult resident is incapable of managing his | 15 | | funds and does
not have a resident's representative, guardian, | 16 | | or an immediate family
member, shall notify the Office of the | 17 | | State Guardian of the Guardianship
and Advocacy Commission.
| 18 | | (12) If the facility is sold, shall provide the buyer with | 19 | | a written
verification by a public accountant of all residents' | 20 | | monies and properties
being transferred, and obtain a signed | 21 | | receipt from the new owner.
| 22 | | (Source: P.A. 86-410; 86-486; 86-1028; 87-551; 87-1122.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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