Bill Text: IL HB5645 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Nursing Home Care Act. Adds (in addition to other criteria) that if a resident fails to pay or has a late payment and the facility follows the federal discharge and transfer requirements, including the issuance of a notice of facility-initiated discharge, then a facility that participates 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 Program and who is unable to pay for his or her care in the facility without medical assistance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5645 Detail]
Download: Illinois-2023-HB5645-Introduced.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Nursing Home Care Act is amended by | |||||||||||||||||||
5 | changing Section 3-401.1 as follows:
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6 | (210 ILCS 45/3-401.1) (from Ch. 111 1/2, par. 4153-401.1) | |||||||||||||||||||
7 | Sec. 3-401.1. (a) A facility participating in the Medical | |||||||||||||||||||
8 | Assistance Program is prohibited from failing or refusing to | |||||||||||||||||||
9 | retain as a resident any person because he or she is a | |||||||||||||||||||
10 | recipient of or an applicant for the Medical Assistance | |||||||||||||||||||
11 | Program. | |||||||||||||||||||
12 | (a-5) A After the effective date of this amendatory Act of | |||||||||||||||||||
13 | 1997, a facility of which only a distinct part is certified to | |||||||||||||||||||
14 | participate in the Medical Assistance Program may refuse to | |||||||||||||||||||
15 | retain as a resident any person who resides in a part of the | |||||||||||||||||||
16 | facility that does not participate in the Medical Assistance | |||||||||||||||||||
17 | Program and who is unable to pay for his or her care in the | |||||||||||||||||||
18 | facility without Medical Assistance only if: | |||||||||||||||||||
19 | (1) the facility, no later than at the time of | |||||||||||||||||||
20 | admission and at the time of the resident's contract | |||||||||||||||||||
21 | renewal, explains to the resident (unless he or she is | |||||||||||||||||||
22 | incompetent), and to the resident's representative, and to | |||||||||||||||||||
23 | the person making payment on behalf of the resident for |
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1 | the resident's stay, in writing, that the facility may | ||||||
2 | discharge the resident if the resident is no longer able | ||||||
3 | to pay for his or her care in the facility without Medical | ||||||
4 | Assistance; | ||||||
5 | (2) the resident (unless he or she is incompetent), | ||||||
6 | the resident's representative, and the person making | ||||||
7 | payment on behalf of the resident for the resident's stay, | ||||||
8 | acknowledge in writing that they have received the written | ||||||
9 | explanation ; . | ||||||
10 | (3) the resident fails to pay or has a late payment as | ||||||
11 | described in subsection (d) of this Act and the facility | ||||||
12 | follows the federal discharge and transfer requirements | ||||||
13 | including the issuance of a notice of facility-initiated | ||||||
14 | discharge as described in 45 CFR 483.15(c). | ||||||
15 | (a-10) For the purposes of this Section, a recipient or | ||||||
16 | applicant shall be considered a resident in the facility | ||||||
17 | during any hospital stay totaling 10 days or less following a | ||||||
18 | hospital admission. The Department of Healthcare and Family | ||||||
19 | Services shall recoup funds from a facility when, as a result | ||||||
20 | of the facility's refusal to readmit a recipient after | ||||||
21 | hospitalization for 10 days or less, the recipient incurs | ||||||
22 | hospital bills in an amount greater than the amount that would | ||||||
23 | have been paid by that Department (formerly the Illinois | ||||||
24 | Department of Public Aid) for care of the recipient in the | ||||||
25 | facility. The amount of the recoupment shall be the difference | ||||||
26 | between the Department of Healthcare and Family Services' |
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