Bill Text: IL HB4580 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Hospital Licensing Act. Removes provisions requiring the Department on Aging to adopt rules to address instances when a case coordination unit is unable to complete an assessment in a hospital prior to the discharge of a patient 60 years or older to a nursing home to ensure that the patient is able to access nursing home care, the nursing home is not penalized for accepting the admission, and the patient's timely discharge from the hospital is not delayed, to the extent permitted under federal law or regulation.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-04-17 - Rule 19(a) / Re-referred to Rules Committee [HB4580 Detail]

Download: Illinois-2025-HB4580-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB4580 Introduced , by Rep. Robert "Bob" Rita SYNOPSIS AS INTRODUCED:
210 ILCS 85/6.09 from Ch. 111 1/2, par. 147.09
Amends the Hospital Licensing Act. Removes provisions requiring the Department on Aging to adopt rules to address instances when a case coordination unit is unable to complete an assessment in a hospital prior to the discharge of a patient 60 years or older to a nursing home to ensure that the patient is able to access nursing home care, the nursing home is not penalized for accepting the admission, and the patient's timely discharge from the hospital is not delayed, to the extent permitted under federal law or regulation.
LRB104 17693 BAB 31124 b
A BILL FOR
HB4580 LRB104 17693 BAB 31124 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
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 patients and patients with disabilities
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. When the
assessment is completed in the hospital, the case coordination
unit shall provide a copy of the required assessment
documentation directly to the nursing home to which the
patient is being discharged prior to discharge. The Department
on Aging shall provide notice of this requirement to case
coordination units. When a case coordination unit is unable to
complete an assessment in a hospital prior to the discharge of
a patient, 60 years of age or older, to a nursing home, the

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case coordination unit shall notify the Department on Aging
which shall notify the Department of Healthcare and Family
Services. The Department on Aging shall adopt rules to address
these instances to ensure that the patient is able to access
nursing home care, the nursing home is not penalized for
accepting the admission, and the patient's timely discharge
from the hospital is not delayed, to the extent permitted
under federal law or regulation. Nothing in this subsection
shall preclude federal requirements for a pre-admission
screening/mental health (PAS/MH) as required under Section
2-201.5 of the Nursing Home Care Act or State or federal law or
regulation. 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 information.
(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 Act; (ii) an assisted
living and shared housing establishment, as defined in the
Assisted Living and Shared Housing Act; (iii) a facility

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licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, the ID/DD Community
Care Act, or the MC/DD 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, facilities licensed under the
ID/DD Community Care Act, the MC/DD Act, or the Specialized
Mental Health Rehabilitation Act of 2013, 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.

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(d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where
elderly persons reside, a hospital shall as soon as
practicable initiate a name-based criminal history background
check by electronic submission to the Illinois State Police
for all persons between the ages of 18 and 70 years; provided,
however, that a hospital shall be required to initiate such a
background check only with respect to patients who:
(1) are transferring to a long term care facility for
the first time;
(2) have been in the hospital more than 5 days;
(3) are reasonably expected to remain at the long term
care facility for more than 30 days;
(4) have a known history of serious mental illness or
substance abuse; and
(5) are independently ambulatory or mobile for more
than a temporary period of time.
A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on
a patient being discharged to that facility. In all
circumstances in which the hospital is required by this
subsection to initiate the criminal history background check,
the transfer to the long term care facility may proceed

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regardless of the availability of criminal history results.
Upon receipt of the results, the hospital shall promptly
forward the results to the appropriate long term care
facility. If the results of the background check are
inconclusive, the hospital shall have no additional duty or
obligation to seek additional information from, or about, the
patient.
(Source: P.A. 102-538, eff. 8-20-21; 103-102, eff. 1-1-24.)