Bill Text: IL SB1197 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Nursing Home Care Act. Provides that to protect the residents' funds, a facility shall at the time of admission provide each resident, resident's guardian, resident's representative, or resident's immediate family member with a written statement explaining to the resident and to the resident's spouse their obligation to comply with the asset and income disclosure requirements of the federal Social Security Act and the regulations duly promulgated thereunder. Provides that the signed acknowledgment that the facility is to obtain from each resident, resident's guardian, resident's representative, or resident's immediate family member shall acknowledge that such person understands that failure to comply with asset and income disclosure requirements may result in the denial of Medicaid eligibility. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2013-08-23 - Public Act . . . . . . . . . 98-0523 [SB1197 Detail]

Download: Illinois-2013-SB1197-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB1197 Introduced 1/30/2013, by Sen. John M. Sullivan SYNOPSIS AS INTRODUCED:
210 ILCS 45/2-201 from Ch. 111 1/2, par. 4152-201
Amends the Nursing Home Care Act. Provides that to protect the residents' funds, a facility shall at the time of admission provide each resident, resident's guardian, resident's representative, or resident's immediate family member with a written statement explaining to the resident and to the resident's spouse their obligation to comply with the asset and income disclosure requirements of the federal Social Security Act and the regulations duly promulgated thereunder. Provides that the signed acknowledgment that the facility is to obtain from each resident, resident's guardian, resident's representative, or resident's immediate family member shall acknowledge that such person understands that failure to comply with asset and income disclosure requirements may result in the denial of Medicaid eligibility. Effective immediately.
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A BILL FOR
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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 changing
Section 2-201 as follows:
(210 ILCS 45/2-201) (from Ch. 111 1/2, par. 4152-201)
Sec. 2-201. To protect the residents' funds, the facility:
(1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any, or
the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), and (b) their obligation to comply with the asset and
income disclosure requirements of Title XIX of the federal
Social Security Act and the regulations duly promulgated
thereunder, and (c) the resident's rights regarding personal
funds and listing the services for which the resident will be
charged. The facility shall obtain a signed acknowledgment from
each resident or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate

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family member, if any, that such person has received the
statement and understands that failure to comply with asset and
income disclosure requirements may result in the denial of
Medicaid eligibility.
(2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
(3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
(4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
(5) Shall purchase a surety bond, or otherwise provide

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assurance satisfactory to the Departments of Public Health and
Insurance that all residents' personal funds deposited with the
facility are secure against loss, theft, and insolvency.
(6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his allowance, or to
make any other payment authorized by the resident or any other
person entitled to make such authorization.
(7) Shall deposit any funds received from a resident in
excess of $100 in an interest bearing account insured by
agencies of, or corporations chartered by, the State or federal
government. The account shall be in a form which clearly
indicates that the facility has only a fiduciary interest in
the funds and any interest from the account shall accrue to the
resident. The facility may keep up to $100 of a resident's
money in a non-interest bearing account or petty cash fund, to
be readily available for the resident's current expenditures.
(8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
(9) Shall (a) place any monthly allowance to which a

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resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for the
benefit of the resident, and (c) where such funds are withdrawn
from the resident's personal account by any person other than
the resident, require such person to whom funds constituting
any part of a resident's personal needs allowance are released,
to execute an affidavit that such funds shall be used
exclusively for the benefit of the resident.
(10) Unless otherwise provided by State law, upon the death
of a resident, shall provide the executor or administrator of
the resident's estate with a complete accounting of all the
resident's personal property, including any funds of the
resident being held by the facility.
(11) If an adult resident is incapable of managing his
funds and does not have a resident's representative, guardian,
or an immediate family member, shall notify the Office of the
State Guardian of the Guardianship and Advocacy Commission.
(12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all residents'
monies and properties being transferred, and obtain a signed
receipt from the new owner.

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(Source: P.A. 86-410; 86-486; 86-1028; 87-551; 87-1122.)
Section 99. Effective date. This Act takes effect upon
becoming law.