Public Act 093-0775
 		





HB4837 Enrolled
LRB093 18943 BDD 44678 b






    AN ACT concerning the Department on Aging. 

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Act on the Aging is amended  by 
adding Section 4.02c as follows:
 
    (20 ILCS 105/4.02c  new)
    Sec. 4.02c. Comprehensive Care in Residential Settings 
Demonstration Project.

    (a) The Department may establish and fund a demonstration 
program of bundled services designed to support the specialized 
needs of clients currently residing in projects that were 
formerly designated as Community Based Residential Facilities. 
Participating projects must hold a valid license, which remains 
unsuspended, unrevoked, and unexpired, under the provisions of 
the Assisted Living and Shared Housing Act.
    (b) The demonstration program must include, at a minimum:
        (1) 3 meals per day;
        (2) routine housekeeping services;
        (3) 24-hour-a-day security;
        (4) an emergency response system;
        (5) personal laundry and linen service;
        (6) assistance with activities of daily living;
        (7) medication management; and
        (8) money management.
    Optional services, such as transportation and social 
activities, may be provided.
    (c) Reimbursement for the program shall be based on the 
client's level of need and functional impairment, as determined 
by the Department. Clients must meet all eligibility 
requirements established by rule. The Department may establish 
a capitated reimbursement mechanism based on the client's level 
of need and functional impairment. Reimbursement for program 
must be made to the Department-contracted provider delivering 
the services.
    (d) The Department shall adopt rules and provide oversight 
for the project, with assistance and advice provided by the 
Assisted Living and Shared Housing Advisory Board and Assisted 
Living and Shared Housing Quality of Life Committee.
    The project may be funded through the Department 
appropriations that may include Medicaid waiver funds.
    (e) Before January 1, 2008, the Department, in consultation 
with the Assisted Living and Shared Housing Advisory Board, 
must report to the General Assembly on the results of the 
demonstration project. The report must include, without 
limitation, any recommendations for changes or improvements, 
including changes or improvements in the administration of the 
program and an evaluation.

 
    Section 10. The Assisted Living and Shared Housing Act is 
amended by changing Sections 90 and 140 as follows:
 



    (210 ILCS 9/90)


    Sec. 90. Contents of service delivery contract. A contract 
between an
establishment and a resident must be entitled 
"assisted living
establishment
contract" or "shared housing  
establishment contract" as applicable, shall be
printed in no 
less
than 12 point type, and shall include at least the 
following elements in the
body or through
supporting documents 
or attachments:


        (1) the name, street address, and mailing address of 
    the establishment;


        (2) the name and mailing address of the owner or owners 
    of the
establishment and, if
the owner or owners are not 
    natural persons, the type of business entity of the
owner

    or owners;


        (3) the name and mailing address of the managing agent 
    of the
establishment, whether
hired under a management 
    agreement or lease agreement, if the managing agent is

    different from the owner or owners;


        (4) the name and address of at least one natural person 
    who is authorized
to accept
service on behalf of the owners 
    and managing agent;


        (5) a statement describing the license status of the 
    establishment and the
license status
of all providers of 
    health-related or supportive services to a resident under

    arrangement with the establishment;


        (6) the duration of the contract;


        (7) the base rate to be paid by the resident and a 
    description of the
services to be
provided as part of this 
    rate;


        (8) a description of any additional services to be 
    provided for an
additional fee by the
establishment 
    directly or by a third party provider under arrangement 
    with the
establishment;


        (9) the fee schedules outlining the cost of any 
    additional services;


        (10) a description of the process through which the 
    contract may be
modified, amended,
or terminated;


        (11) a description of the establishment's complaint  
    resolution process
available to
residents and notice of the  
    availability of the Department on Aging's Senior
Helpline

    for
complaints;


        (12) the name of the resident's designated 
    representative, if any;


        (13) the resident's obligations in order to maintain  
    residency and
receive
services including compliance with 
    all assessments required under Section 15;


        (14) the billing and payment procedures and 
    requirements;


        (15) a statement affirming the resident's freedom to 
    receive services from
service
providers with whom the  
    establishment does not have a contractual arrangement,

    which  may also disclaim liability on the part of the

    establishment for those services;


        (16) a statement that medical assistance under Article 
    V  or Article VI of
the Illinois
Public Aid Code is not  
    available for payment for services provided in an

    establishment, excluding contracts executed with residents 
    residing in licensed establishments participating in the 
    Department on Aging's Comprehensive Care in Residential 
    Settings Demonstration Project;


        (17) a statement detailing the admission, risk  
    management, and residency
termination
criteria and 
    procedures;


        (18) a statement listing the rights specified in 
    Section 95 and
acknowledging that, by contracting with  the 
    assisted
living or shared
housing establishment, the  
    resident does not forfeit those rights; and


        (19) a statement detailing the Department's annual 
    on-site review process
including
what documents contained 
    in a resident's personal file shall be reviewed by
the 
    on-site reviewer as defined by rule.

(Source: P.A. 91-656, eff. 1-1-01.)

 



    (210 ILCS 9/140)


    Sec. 140. State and private funding. Nothing in this  Act 
shall:


        (1) require or authorize the State agency responsible  
    for the
administration
of the medical
assistance program  
    established under Article V and Article VI of the Illinois

    Public Aid
Code to approve, supply, or cover services 
    provided in an assisted living or
shared housing

    establishment, with the exception of licensed facilities 
    that participate in the Department on Aging's 
    Comprehensive Care in Residential Settings Demonstration 
    Project, which may be covered under provisions of the 
    Illinois Public Aid Code;


        (2) require an agency or a managed care organization  to 
    approve, supply,
or
cover services
provided in an assisted  
    living or shared housing establishment; or


        (3) require any other third party payer to approve,  
    supply or cover
medically necessary home
care services  
    provided in an assisted living establishment. 

(Source: P.A. 91-656, eff. 1-1-01.)


 

    (20 ILCS 105/4.02b rep.)  (from Ch. 23, par. 6104.02b)


    Section 90. The Illinois Act on the Aging is amended  by 
repealing Section 4.02b.