Public Act 097-0820

SB2574 Enrolled LRB097 14483 KTG 59337 b

AN ACT concerning public aid.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Nursing Home Care Act is amended by changing

Section 3-405 as follows:

(210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)

Sec. 3-405. A copy of the notice required by Section 3-402

shall be placed in the resident's clinical record and a copy

shall be transmitted to the Department, the resident, and the

resident's representative, and, if the resident's care is paid

for in whole or part through Title XIX, the Department of

Healthcare and Family Services.

(Source: P.A. 95-331, eff. 8-21-07.)

Section 10. The ID/DD Community Care Act is amended by

changing Section 3-405 as follows:

(210 ILCS 47/3-405)

Sec. 3-405. Copy of notice in resident's record; copy to

Department. A copy of the notice required by Section 3-402

shall be placed in the resident's clinical record and a copy

shall be transmitted to the Department, the resident, and the

resident's representative, and, if the resident's care is paid

for in whole or part through Title XIX, the Department of

Healthcare and Family Services.

(Source: P.A. 96-339, eff. 7-1-10.)

Section 15. The Illinois Public Aid Code is amended by

changing Section 5-1.1 as follows:

(305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)

Sec. 5-1.1. Definitions. The terms defined in this Section

shall have the meanings ascribed to them, except when the

context otherwise requires.

(a) "Nursing facility" means a facility, licensed by the

Department of Public Health under the Nursing Home Care Act,

that provides nursing facility services within the meaning of

Title XIX of the federal Social Security Act.

(b) "Intermediate care facility for the developmentally

disabled" or "ICF/DD" means a facility, licensed by the

Department of Public Health under the ID/DD Community Care Act,

that is an intermediate care facility for the mentally retarded

within the meaning of Title XIX of the federal Social Security

Act.

(c) "Standard services" means those services required for

the care of all patients in the facility and shall, as a

minimum, include the following: (1) administration; (2)

dietary (standard); (3) housekeeping; (4) laundry and linen;

(5) maintenance of property and equipment, including

utilities; (6) medical records; (7) training of employees; (8)

utilization review; (9) activities services; (10) social

services; (11) disability services; and all other similar

services required by either the laws of the State of Illinois

or one of its political subdivisions or municipalities or by

Title XIX of the Social Security Act.

(d) "Patient services" means those which vary with the

number of personnel; professional and para-professional skills

of the personnel; specialized equipment, and reflect the

intensity of the medical and psycho-social needs of the

patients. Patient services shall as a minimum include: (1)

physical services; (2) nursing services, including restorative

nursing; (3) medical direction and patient care planning; (4)

health related supportive and habilitative services and all

similar services required by either the laws of the State of

Illinois or one of its political subdivisions or municipalities

or by Title XIX of the Social Security Act.

(e) "Ancillary services" means those services which

require a specific physician's order and defined as under the

medical assistance program as not being routine in nature for

skilled nursing facilities and ICF/DDs. Such services

generally must be authorized prior to delivery and payment as

provided for under the rules of the Department of Healthcare

and Family Services.

(f) "Capital" means the investment in a facility's assets

for both debt and non-debt funds. Non-debt capital is the

difference between an adjusted replacement value of the assets

and the actual amount of debt capital.

(g) "Profit" means the amount which shall accrue to a

facility as a result of its revenues exceeding its expenses as

determined in accordance with generally accepted accounting

principles.

(h) "Non-institutional services" means those services

provided under paragraph (f) of Section 3 of the Disabled

Persons Rehabilitation Act and those services provided under

Section 4.02 of the Illinois Act on the Aging.

(i) (Blank) "Exceptional medical care" means the level of

medical care required by persons who are medically stable for

discharge from a hospital but who require acute intensity

hospital level care for physician, nurse and ancillary

specialist services, including persons with acquired

immunodeficiency syndrome (AIDS) or a related condition. Such

care shall consist of those services which the Department shall

determine by rule.

(j) "Institutionalized person" means an individual who is

an inpatient in an ICF/DD or nursing facility, or who is an

inpatient in a medical institution receiving a level of care

equivalent to that of an ICF/DD or nursing facility, or who is

receiving services under Section 1915(c) of the Social Security

Act.

(k) "Institutionalized spouse" means an institutionalized

person who is expected to receive services at the same level of

care for at least 30 days and is married to a spouse who is not

an institutionalized person.

(l) "Community spouse" is the spouse of an

institutionalized spouse.

(Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12.)

(305 ILCS 5/12-10.8 rep.)

(305 ILCS 5/12-10.9 rep.)

Section 20. The Illinois Public Aid Code is amended by

repealing Sections 12-10.8 and 12-10.9.

Section 99. Effective date. This Act takes effect upon

becoming law.