Bill Text: IL SB2574 | 2011-2012 | 97th General Assembly | Enrolled

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

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Bill Title: Amends the Nursing Home Care Act. Repeals a provision concerning the placement of involuntary transfer or discharge notices in a nursing home resident's clinical record. Amends the ID/DD Community Care Act. Repeals a provision concerning the transmission of involuntary transfer or discharge notices to the Department of Public Health, the named resident, the resident's representative, and, if the resident's care is paid for in whole or in part with federal funds, the Department of Healthcare and Family Services. Amends the Illinois Public Aid Code. Removes the term "exceptional medical care" and its corresponding definition. Repeals a provision requiring the Department of Healthcare and Family Services to enter into a contract for $1,000,000 with the provider of community mental health services that has more than 700 beds at over 30 service locations in multiple counties for purposes of supporting the implementation of time-limited resident review and rapid reintegration targeted to residents of federally defined Institutions for Mental Disease. Repeals a provision requiring the Department to utilize up to $2,000,000 of the Fiscal Year 2009 appropriations for federally defined Institutions for Mental Disease to pay providers of community mental health services that are certified by the Department of Human Services. Effective immediately.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2012-07-17 - Public Act . . . . . . . . . 97-0820 [SB2574 Detail]

Download: Illinois-2011-SB2574-Enrolled.html

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AN ACT concerning public aid.
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 3-405 as follows:
(210 ILCS 45/3-405) (from Ch. 111 1/2, par. 4153-405)
Sec. 3-405. A copy of the notice required by Section 3-402
shall be placed in the resident's clinical record and a copy
shall be transmitted to the Department, the resident, and the
resident's representative, and, if the resident's care is paid
for in whole or part through Title XIX, the Department of
Healthcare and Family Services.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 10. The ID/DD Community Care Act is amended by
changing Section 3-405 as follows:
(210 ILCS 47/3-405)
Sec. 3-405. Copy of notice in resident's record; copy to
Department. A copy of the notice required by Section 3-402
shall be placed in the resident's clinical record and a copy
shall be transmitted to the Department, the resident, and the
resident's representative, and, if the resident's care is paid

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for in whole or part through Title XIX, the Department of
Healthcare and Family Services.
(Source: P.A. 96-339, eff. 7-1-10.)
Section 15. The Illinois Public Aid Code is amended by
changing Section 5-1.1 as follows:
(305 ILCS 5/5-1.1) (from Ch. 23, par. 5-1.1)
Sec. 5-1.1. Definitions. The terms defined in this Section
shall have the meanings ascribed to them, except when the
context otherwise requires.
(a) "Nursing facility" means a facility, licensed by the
Department of Public Health under the Nursing Home Care Act,
that provides nursing facility services within the meaning of
Title XIX of the federal Social Security Act.
(b) "Intermediate care facility for the developmentally
disabled" or "ICF/DD" means a facility, licensed by the
Department of Public Health under the ID/DD Community Care Act,
that is an intermediate care facility for the mentally retarded
within the meaning of Title XIX of the federal Social Security
Act.
(c) "Standard services" means those services required for
the care of all patients in the facility and shall, as a
minimum, include the following: (1) administration; (2)
dietary (standard); (3) housekeeping; (4) laundry and linen;
(5) maintenance of property and equipment, including

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utilities; (6) medical records; (7) training of employees; (8)
utilization review; (9) activities services; (10) social
services; (11) disability services; and all other similar
services required by either the laws of the State of Illinois
or one of its political subdivisions or municipalities or by
Title XIX of the Social Security Act.
(d) "Patient services" means those which vary with the
number of personnel; professional and para-professional skills
of the personnel; specialized equipment, and reflect the
intensity of the medical and psycho-social needs of the
patients. Patient services shall as a minimum include: (1)
physical services; (2) nursing services, including restorative
nursing; (3) medical direction and patient care planning; (4)
health related supportive and habilitative services and all
similar services required by either the laws of the State of
Illinois or one of its political subdivisions or municipalities
or by Title XIX of the Social Security Act.
(e) "Ancillary services" means those services which
require a specific physician's order and defined as under the
medical assistance program as not being routine in nature for
skilled nursing facilities and ICF/DDs. Such services
generally must be authorized prior to delivery and payment as
provided for under the rules of the Department of Healthcare
and Family Services.
(f) "Capital" means the investment in a facility's assets
for both debt and non-debt funds. Non-debt capital is the

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difference between an adjusted replacement value of the assets
and the actual amount of debt capital.
(g) "Profit" means the amount which shall accrue to a
facility as a result of its revenues exceeding its expenses as
determined in accordance with generally accepted accounting
principles.
(h) "Non-institutional services" means those services
provided under paragraph (f) of Section 3 of the Disabled
Persons Rehabilitation Act and those services provided under
Section 4.02 of the Illinois Act on the Aging.
(i) (Blank) "Exceptional medical care" means the level of
medical care required by persons who are medically stable for
discharge from a hospital but who require acute intensity
hospital level care for physician, nurse and ancillary
specialist services, including persons with acquired
immunodeficiency syndrome (AIDS) or a related condition. Such
care shall consist of those services which the Department shall
determine by rule.
(j) "Institutionalized person" means an individual who is
an inpatient in an ICF/DD or nursing facility, or who is an
inpatient in a medical institution receiving a level of care
equivalent to that of an ICF/DD or nursing facility, or who is
receiving services under Section 1915(c) of the Social Security
Act.
(k) "Institutionalized spouse" means an institutionalized
person who is expected to receive services at the same level of

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care for at least 30 days and is married to a spouse who is not
an institutionalized person.
(l) "Community spouse" is the spouse of an
institutionalized spouse.
(Source: P.A. 96-1530, eff. 2-16-11; 97-227, eff. 1-1-12.)
(305 ILCS 5/12-10.8 rep.)
(305 ILCS 5/12-10.9 rep.)
Section 20. The Illinois Public Aid Code is amended by
repealing Sections 12-10.8 and 12-10.9.
Section 99. Effective date. This Act takes effect upon
becoming law.