Bill Text: IL HB0238 | 2017-2018 | 100th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, and Specialized Mental Health Rehabilitation Act of 2013. Provides that a facility must not enter into a pre-dispute agreement for binding arbitration with any resident or consumer, or the resident's representative or consumer's guardian, nor require that a resident or consumer sign an arbitration agreement as a condition of admission to the facility. Provides that after a dispute arises, a facility may ask a resident or consumer, or his or her representative or guardian, to enter into an agreement for binding arbitration if the facility and agreement meets specified requirements.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB0238 Detail]

Download: Illinois-2017-HB0238-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB0238 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
210 ILCS 45/2-202.5 new
210 ILCS 46/2-202.5 new
210 ILCS 47/2-202.5 new
210 ILCS 49/3-101.5 new
Amends the Nursing Home Care Act, MC/DD Act, ID/DD Community Care Act, and Specialized Mental Health Rehabilitation Act of 2013. Provides that a facility must not enter into a pre-dispute agreement for binding arbitration with any resident or consumer, or the resident's representative or consumer's guardian, nor require that a resident or consumer sign an arbitration agreement as a condition of admission to the facility. Provides that after a dispute arises, a facility may ask a resident or consumer, or his or her representative or guardian, to enter into an agreement for binding arbitration if the facility and agreement meets specified requirements.
LRB100 00066 MJP 10070 b
A BILL FOR
HB0238 LRB100 00066 MJP 10070 b
AN ACT concerning regulation.
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 adding
Section 2-202.5 as follows:
(210 ILCS 45/2-202.5 new)
Sec. 2-202.5. Binding arbitration agreements.
(a) A facility must not enter into a pre-dispute agreement
for binding arbitration with any resident or resident's
representative nor require that a resident sign an arbitration
agreement as a condition of admission to the facility.
(b) If, after a dispute between a facility and a resident
arises, and the facility chooses to ask a resident or his or
her representative to enter into an agreement for binding
arbitration, the facility must comply with all of the
requirements in this subsection.
(1) The facility must ensure that:
(A) the agreement is explained to the resident and
his or her representative in a form and manner that he
or she understands, including in a language the
resident and his or her representative understands;
and
(B) the resident acknowledges that he or she

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understands the agreement.
(2) The agreement must:
(A) be entered into by the resident voluntarily;
(B) provide for the selection of a neutral
arbitrator agreed upon by both parties; and
(C) provide for selection of a venue convenient to
both parties.
(3) A resident's continuing right to remain in the
facility must not be contingent upon the resident or the
resident's representative signing a binding arbitration
agreement.
(4) The agreement must not contain any language that
prohibits or discourages the resident or anyone else from
communicating with federal, State, or local officials,
including, but not limited to, federal and State surveyors,
other federal or State health department employees, and
representatives of the Office of State Long Term Care
Ombudsman, in accordance with 42 CFR 483.10(k).
(5) The agreement may be signed by another individual
if:
(A) allowed by State law;
(B) all of the requirements in this subsection are
met; and
(C) that individual has no interest in the
facility.
(6) When the facility and a resident resolve a dispute

HB0238 - 3 - LRB100 00066 MJP 10070 b
with arbitration, a copy of the signed agreement for
binding arbitration and the arbitrator's final decision
must be retained by the facility for 5 years and be
available for inspection upon request by the Centers for
Medicare and Medicaid Services or its designee.
Section 10. The MC/DD Act is amended by adding Section
2-202.5 as follows:
(210 ILCS 46/2-202.5 new)
Sec. 2-202.5. Binding arbitration agreements.
(a) A facility must not enter into a pre-dispute agreement
for binding arbitration with any resident or resident's
representative nor require that a resident sign an arbitration
agreement as a condition of admission to the facility.
(b) If, after a dispute between a facility and a resident
arises, and the facility chooses to ask a resident or his or
her representative to enter into an agreement for binding
arbitration, the facility must comply with all of the
requirements in this subsection.
(1) The facility must ensure that:
(A) the agreement is explained to the resident and
his or her representative in a form and manner that he
or she understands, including in a language the
resident and his or her representative understands;
and

HB0238 - 4 - LRB100 00066 MJP 10070 b
(B) the resident acknowledges that he or she
understands the agreement.
(2) The agreement must:
(A) be entered into by the resident voluntarily;
(B) provide for the selection of a neutral
arbitrator agreed upon by both parties; and
(C) provide for selection of a venue convenient to
both parties.
(3) A resident's continuing right to remain in the
facility must not be contingent upon the resident or the
resident's representative signing a binding arbitration
agreement.
(4) The agreement must not contain any language that
prohibits or discourages the resident or anyone else from
communicating with federal, State, or local officials,
including, but not limited to, federal and State surveyors,
other federal or State health department employees, and
representatives of the Office of State Long Term Care
Ombudsman, in accordance with 42 CFR 483.10(k).
(5) The agreement may be signed by another individual
if:
(A) allowed by State law;
(B) all of the requirements in this subsection are
met; and
(C) that individual has no interest in the
facility.

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(6) When the facility and a resident resolve a dispute
with arbitration, a copy of the signed agreement for
binding arbitration and the arbitrator's final decision
must be retained by the facility for 5 years and be
available for inspection upon request by the Centers for
Medicare and Medicaid Services or its designee.
Section 15. The ID/DD Community Care Act is amended by
adding Section 2-202.5 as follows:
(210 ILCS 47/2-202.5 new)
Sec. 2-202.5. Binding arbitration agreements.
(a) A facility must not enter into a pre-dispute agreement
for binding arbitration with any resident or resident's
representative nor require that a resident sign an arbitration
agreement as a condition of admission to the facility.
(b) If, after a dispute between a facility and a resident
arises, and the facility chooses to ask a resident or his or
her representative to enter into an agreement for binding
arbitration, the facility must comply with all of the
requirements in this subsection.
(1) The facility must ensure that:
(A) the agreement is explained to the resident and
his or her representative in a form and manner that he
or she understands, including in a language the
resident and his or her representative understands;

HB0238 - 6 - LRB100 00066 MJP 10070 b
and
(B) the resident acknowledges that he or she
understands the agreement.
(2) The agreement must:
(A) be entered into by the resident voluntarily;
(B) provide for the selection of a neutral
arbitrator agreed upon by both parties; and
(C) provide for selection of a venue convenient to
both parties.
(3) A resident's continuing right to remain in the
facility must not be contingent upon the resident or the
resident's representative signing a binding arbitration
agreement.
(4) The agreement must not contain any language that
prohibits or discourages the resident or anyone else from
communicating with federal, State, or local officials,
including, but not limited to, federal and State surveyors,
other federal or State health department employees, and
representatives of the Office of State Long Term Care
Ombudsman, in accordance with 42 CFR 483.10(k).
(5) The agreement may be signed by another individual
if:
(A) allowed by State law;
(B) all of the requirements in this subsection are
met; and
(C) that individual has no interest in the

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facility.
(6) When the facility and a resident resolve a dispute
with arbitration, a copy of the signed agreement for
binding arbitration and the arbitrator's final decision
must be retained by the facility for 5 years and be
available for inspection upon request by the Centers for
Medicare and Medicaid Services or its designee.
Section 20. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by adding Section 3-101.5 as follows:
(210 ILCS 49/3-101.5 new)
Sec. 3-101.5. Binding arbitration agreements.
(a) A facility must not enter into a pre-dispute agreement
for binding arbitration with any consumer or consumer's
guardian nor require that a consumer sign an arbitration
agreement as a condition of admission to the facility.
(b) If, after a dispute between a facility and a consumer
arises, and the facility chooses to ask a consumer or his or
her guardian to enter into an agreement for binding
arbitration, the facility must comply with all of the
requirements in this subsection.
(1) The facility must ensure that:
(A) the agreement is explained to the consumer and
his or her guardian in a form and manner that he or she
understands, including in a language the consumer and

HB0238 - 8 - LRB100 00066 MJP 10070 b
his or her guardian understands; and
(B) the consumer acknowledges that he or she
understands the agreement.
(2) The agreement must:
(A) be entered into by the consumer voluntarily;
(B) provide for the selection of a neutral
arbitrator agreed upon by both parties; and
(C) provide for selection of a venue convenient to
both parties.
(3) A consumer's continuing right to remain in the
facility must not be contingent upon the consumer or the
consumer's guardian signing a binding arbitration
agreement.
(4) The agreement must not contain any language that
prohibits or discourages the consumer or anyone else from
communicating with federal, State, or local officials,
including, but not limited to, federal and State surveyors,
other federal or State health department employees, and
representatives of the Office of State Long Term Care
Ombudsman, in accordance with 42 CFR 483.10(k).
(5) The agreement may be signed by another individual
if:
(A) allowed by State law;
(B) all of the requirements in this subsection are
met; and
(C) that individual has no interest in the

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facility.
(6) When the facility and a consumer resolve a dispute
with arbitration, a copy of the signed agreement for
binding arbitration and the arbitrator's final decision
must be retained by the facility for 5 years and be
available for inspection upon request by the Centers for
Medicare and Medicaid Services or its designee.