Bill Text: IL SB2929 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Hospital Licensing Act. Provides that a patient discharged to a skilled nursing facility who is not assessed prior to discharge or whose pre-screening information does not accompany the patient to the skilled nursing facility shall (i) be admitted to the skilled nursing facility pending the case coordination unit completing a post-screening evaluation or the delivery of the pre-screening information to the skilled nursing facility and (ii) be eligible for Medicaid funded care from the date of admission if the patient meets all eligibility criteria for medical assistance under the Illinois Public Aid Code. Amends the Illinois Public Aid Code. Provides that a nursing home resident determined to be eligible for medical assistance for long term care services shall be entitled to have his or her care paid retroactive to the date of admission to a nursing home or the date the resident converted from Medicare or private funds as a payer source if it is determined that the resident met the financial eligibility standards for medical assistance on the date of admission or conversion and the admission or conversion date is within the retroactive window established under the Code. Provides that an outstanding application for medical assistance for long term care services shall not be closed or denied based solely on the applicant's death or the absence of certain documentation if services authorized under the Code were provided pending a determination of eligibility. Provides that a nursing home resident who is unable to comply in securing financial documents requested by the Department of Healthcare and Family Services to prove financial eligibility shall be assigned a long term care ombudsman to assist the resident in securing medical assistance.
Spectrum: Moderate Partisan Bill (Democrat 16-4)
Status: (Passed) 2016-08-19 - Public Act . . . . . . . . . 99-0857 [SB2929 Detail]
Download: Illinois-2015-SB2929-Enrolled.html
Bill Title: Amends the Hospital Licensing Act. Provides that a patient discharged to a skilled nursing facility who is not assessed prior to discharge or whose pre-screening information does not accompany the patient to the skilled nursing facility shall (i) be admitted to the skilled nursing facility pending the case coordination unit completing a post-screening evaluation or the delivery of the pre-screening information to the skilled nursing facility and (ii) be eligible for Medicaid funded care from the date of admission if the patient meets all eligibility criteria for medical assistance under the Illinois Public Aid Code. Amends the Illinois Public Aid Code. Provides that a nursing home resident determined to be eligible for medical assistance for long term care services shall be entitled to have his or her care paid retroactive to the date of admission to a nursing home or the date the resident converted from Medicare or private funds as a payer source if it is determined that the resident met the financial eligibility standards for medical assistance on the date of admission or conversion and the admission or conversion date is within the retroactive window established under the Code. Provides that an outstanding application for medical assistance for long term care services shall not be closed or denied based solely on the applicant's death or the absence of certain documentation if services authorized under the Code were provided pending a determination of eligibility. Provides that a nursing home resident who is unable to comply in securing financial documents requested by the Department of Healthcare and Family Services to prove financial eligibility shall be assigned a long term care ombudsman to assist the resident in securing medical assistance.
Spectrum: Moderate Partisan Bill (Democrat 16-4)
Status: (Passed) 2016-08-19 - Public Act . . . . . . . . . 99-0857 [SB2929 Detail]
Download: Illinois-2015-SB2929-Enrolled.html
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1 | AN ACT concerning public aid.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Hospital Licensing Act is amended by | ||||||
5 | changing Section 6.09 as follows:
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6 | (210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09) | ||||||
7 | Sec. 6.09. (a) In order to facilitate the orderly | ||||||
8 | transition of aged
patients and patients with disabilities from | ||||||
9 | hospitals to post-hospital care, whenever a
patient who | ||||||
10 | qualifies for the
federal Medicare program is hospitalized, the | ||||||
11 | patient shall be notified
of discharge at least
24 hours prior | ||||||
12 | to discharge from
the hospital. With regard to pending | ||||||
13 | discharges to a skilled nursing facility, the hospital must | ||||||
14 | notify the case coordination unit, as defined in 89 Ill. Adm. | ||||||
15 | Code 240.260, at least 24 hours prior to discharge. When the | ||||||
16 | assessment is completed in the hospital, the case coordination | ||||||
17 | unit shall provide the discharge planner with a copy of the | ||||||
18 | required assessment documentation directly to the nursing home | ||||||
19 | to which the patient is being discharged prior to discharge. | ||||||
20 | The Department on Aging shall provide notice of this | ||||||
21 | requirement to case coordination units. When a case | ||||||
22 | coordination unit is unable to complete an assessment in a | ||||||
23 | hospital prior to the discharge of a patient, 60 years of age |
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1 | or older, to a nursing home, the case coordination unit shall | ||||||
2 | notify the Department on Aging which shall notify the | ||||||
3 | Department of Healthcare and Family Services. The Department of | ||||||
4 | Healthcare and Family Services and the Department on Aging | ||||||
5 | shall adopt rules to address these instances to ensure that the | ||||||
6 | patient is able to access nursing home care, the nursing home | ||||||
7 | is not penalized for accepting the admission, and the patient's | ||||||
8 | timely discharge from the hospital is not delayed, to the | ||||||
9 | extent permitted under federal law or regulation. Nothing in | ||||||
10 | this subsection shall preclude federal requirements for a | ||||||
11 | pre-admission screening/mental health (PAS/MH) as required | ||||||
12 | under Section 2-201.5 of the Nursing Home Care Act or State or | ||||||
13 | federal law or regulation. prescreening information and | ||||||
14 | accompanying materials, which the discharge planner shall | ||||||
15 | transmit when the patient is discharged to a skilled nursing | ||||||
16 | facility. If home health services are ordered, the hospital | ||||||
17 | must inform its designated case coordination unit, as defined | ||||||
18 | in 89 Ill. Adm. Code 240.260, of the pending discharge and must | ||||||
19 | provide the patient with the case coordination unit's telephone | ||||||
20 | number and other contact information.
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21 | (b) Every hospital shall develop procedures for a physician | ||||||
22 | with medical
staff privileges at the hospital or any | ||||||
23 | appropriate medical staff member to
provide the discharge | ||||||
24 | notice prescribed in subsection (a) of this Section. The | ||||||
25 | procedures must include prohibitions against discharging or | ||||||
26 | referring a patient to any of the following if unlicensed, |
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1 | uncertified, or unregistered: (i) a board and care facility, as | ||||||
2 | defined in the Board and Care Home Act; (ii) an assisted living | ||||||
3 | and shared housing establishment, as defined in the Assisted | ||||||
4 | Living and Shared Housing Act; (iii) a facility licensed under | ||||||
5 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
6 | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||||||
7 | the MC/DD Act; (iv) a supportive living facility, as defined in | ||||||
8 | Section 5-5.01a of the Illinois Public Aid Code; or (v) a | ||||||
9 | free-standing hospice facility licensed under the Hospice | ||||||
10 | Program Licensing Act if licensure, certification, or | ||||||
11 | registration is required. The Department of Public Health shall | ||||||
12 | annually provide hospitals with a list of licensed, certified, | ||||||
13 | or registered board and care facilities, assisted living and | ||||||
14 | shared housing establishments, nursing homes, supportive | ||||||
15 | living facilities, facilities licensed under the ID/DD | ||||||
16 | Community Care Act, the MC/DD Act, or the Specialized Mental | ||||||
17 | Health Rehabilitation Act of 2013, and hospice facilities. | ||||||
18 | Reliance upon this list by a hospital shall satisfy compliance | ||||||
19 | with this requirement.
The procedure may also include a waiver | ||||||
20 | for any case in which a discharge
notice is not feasible due to | ||||||
21 | a short length of stay in the hospital by the patient,
or for | ||||||
22 | any case in which the patient voluntarily desires to leave the
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23 | hospital before the expiration of the
24 hour period. | ||||||
24 | (c) At least
24 hours prior to discharge from the hospital, | ||||||
25 | the
patient shall receive written information on the patient's | ||||||
26 | right to appeal the
discharge pursuant to the
federal Medicare |
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1 | program, including the steps to follow to appeal
the discharge | ||||||
2 | and the appropriate telephone number to call in case the
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3 | patient intends to appeal the discharge. | ||||||
4 | (d) Before transfer of a patient to a long term care | ||||||
5 | facility licensed under the Nursing Home Care Act where elderly | ||||||
6 | persons reside, a hospital shall as soon as practicable | ||||||
7 | initiate a name-based criminal history background check by | ||||||
8 | electronic submission to the Department of State Police for all | ||||||
9 | persons between the ages of 18 and 70 years; provided, however, | ||||||
10 | that a hospital shall be required to initiate such a background | ||||||
11 | check only with respect to patients who: | ||||||
12 | (1) are transferring to a long term care facility for | ||||||
13 | the first time; | ||||||
14 | (2) have been in the hospital more than 5 days; | ||||||
15 | (3) are reasonably expected to remain at the long term | ||||||
16 | care facility for more than 30 days; | ||||||
17 | (4) have a known history of serious mental illness or | ||||||
18 | substance abuse; and | ||||||
19 | (5) are independently ambulatory or mobile for more | ||||||
20 | than a temporary period of time. | ||||||
21 | A hospital may also request a criminal history background | ||||||
22 | check for a patient who does not meet any of the criteria set | ||||||
23 | forth in items (1) through (5). | ||||||
24 | A hospital shall notify a long term care facility if the | ||||||
25 | hospital has initiated a criminal history background check on a | ||||||
26 | patient being discharged to that facility. In all circumstances |
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1 | in which the hospital is required by this subsection to | ||||||
2 | initiate the criminal history background check, the transfer to | ||||||
3 | the long term care facility may proceed regardless of the | ||||||
4 | availability of criminal history results. Upon receipt of the | ||||||
5 | results, the hospital shall promptly forward the results to the | ||||||
6 | appropriate long term care facility. If the results of the | ||||||
7 | background check are inconclusive, the hospital shall have no | ||||||
8 | additional duty or obligation to seek additional information | ||||||
9 | from, or about, the patient. | ||||||
10 | (Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14; | ||||||
11 | 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; revised 10-14-15.)
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