Bill Amendment: IL HB5095 | 2023-2024 | 103rd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: NURSING HOME-DISCHARGE

Status: 2024-05-16 - Added as Alternate Chief Co-Sponsor Sen. Lakesia Collins [HB5095 Detail]

Download: Illinois-2023-HB5095-House_Amendment_001.html

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Rep. Anna Moeller

Filed: 4/3/2024

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AMENDMENT TO HOUSE BILL 5095
AMENDMENT NO. ______. Amend House Bill 5095 by replacing
everything after the enacting clause with the following:
"Section 5. The Nursing Home Care Act is amended by
changing Section 3-401.1 as follows:
(210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1)
Sec. 3-401.1. (a) A facility participating in the Medical
Assistance Program is prohibited from failing or refusing to
retain as a resident any person because he or she is a
recipient of or an applicant for the Medical Assistance
Program.
(a-5) After the effective date of this amendatory Act of
1997, a facility of which only a distinct part is certified to
participate in the Medical Assistance Program may refuse to
retain as a resident any person who resides in a part of the
facility that does not participate in the Medical Assistance

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Program and who is unable to pay for his or her care in the
facility without Medical Assistance only if:
(1) the facility, no later than at the time of
admission and at the time of the resident's contract
renewal, explains to the resident (unless he or she is
incompetent), and to the resident's representative, and to
the person making payment on behalf of the resident for
the resident's stay, in writing, that the facility may
discharge the resident if the resident is no longer able
to pay for his or her care in the facility without Medical
Assistance;
(2) the resident (unless he or she is incompetent),
the resident's representative, and the person making
payment on behalf of the resident for the resident's stay,
acknowledge in writing that they have received the written
explanation; and .
(3) the facility provides notice to the resident and
to the resident's representative, if the resident has a
representative, that the resident's Medicare coverage is
likely to end in 10 days. This notification shall specify
that the resident will not be required to move under this
Section until the resident's Medicare coverage terminates.
(a-10) For the purposes of this Section, a recipient or
applicant shall be considered a resident in the facility
during any hospital stay totaling 10 days or less following a
hospital admission. The Department of Healthcare and Family

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