Public Act 095-0080
HB0809 Enrolled LRB095 09630 DRJ 29830 b

    AN ACT concerning regulation.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 2. The Illinois Act on the Aging is amended by
changing Section 4.03 as follows:
    (20 ILCS 105/4.03)  (from Ch. 23, par. 6104.03)
    Sec. 4.03. The Department on Aging, in cooperation with the
Department of Human Services and any other appropriate State,
local or federal agency, shall, without regard to income
guidelines, establish a nursing home prescreening program to
determine whether Alzheimer's Disease and related disorders
victims, and persons who are deemed as blind or disabled as
defined by the Social Security Act and who are in need of long
term care, may be satisfactorily cared for in their homes
through the use of home and community based services.
Responsibility for prescreening shall be vested with case
coordination units. Prescreening shall occur: (i) when
hospital discharge planners have advised the case coordination
unit of the imminent risk of nursing home placement of a
patient who meets the above criteria and in advance of
discharge of the patient; or (ii) when a case coordination unit
has been advised of the imminent risk of nursing home placement
of an individual in the community. The individual who is
prescreened shall be informed of all appropriate options,
including placement in a nursing home and the availability of
in-home and community-based services and shall be advised of
her or his right to refuse nursing home, in-home,
community-based, or all services. Case coordination units
under contract with the Department may charge a fee for the
prescreening provided under this Section and the fee shall be
no greater than the cost of such services to the case
coordination unit.
(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
    Section 5. The Hospital Licensing Act is amended by
changing Section 6.09 as follows:
    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
    Sec. 6.09. (a) In order to facilitate the orderly
transition of aged and disabled patients from hospitals to
post-hospital care, whenever a patient who qualifies for the
federal Medicare program is hospitalized, the patient shall be
notified of discharge at least 24 hours prior to discharge from
the hospital. With regard to pending discharges to a skilled
nursing facility, the hospital must notify the case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, at
least 24 hours prior to discharge or, if home health services
are ordered, the hospital must inform its designated case
coordination unit, as defined in 89 Ill. Adm. Code 240.260, of
the pending discharge and must provide the patient with the
case coordination unit's telephone number and other contact
    (b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Registration Act; (ii) an
assisted living and shared housing establishment, as defined in
the Assisted Living and Shared Housing Act; (iii) a facility
licensed under the Nursing Home Care Act; (iv) a supportive
living facility, as defined in Section 5-5.01a of the Illinois
Public Aid Code; or (v) a free-standing hospice facility
licensed under the Hospice Program Licensing Act if licensure,
certification, or registration is required. The Department of
Public Health shall annually provide hospitals with a list of
licensed, certified, or registered board and care facilities,
assisted living and shared housing establishments, nursing
homes, supportive living facilities, and hospice facilities.
Reliance upon this list by a hospital shall satisfy compliance
with this requirement. The procedure may also include a waiver
for any case in which a discharge notice is not feasible due to
a short length of stay in the hospital by the patient, or for
any case in which the patient voluntarily desires to leave the
hospital before the expiration of the 24 hour period.
    (c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the
patient intends to appeal the discharge.
(Source: P.A. 94-335, eff. 7-26-05.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007