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| Public Act 095-0080 |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 2. The Illinois Act on the Aging is amended by | ||||
changing Section 4.03 as follows:
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(20 ILCS 105/4.03) (from Ch. 23, par. 6104.03)
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Sec. 4.03. The Department on Aging, in cooperation with the | ||||
Department of
Human Services and any other appropriate State, | ||||
local or
federal agency, shall, without regard to income | ||||
guidelines, establish a
nursing home prescreening program to | ||||
determine whether Alzheimer's Disease
and related disorders | ||||
victims, and persons who are deemed as blind or
disabled as | ||||
defined by the Social Security Act and who are in need of long
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term care, may be satisfactorily cared for in their homes | ||||
through the use
of home and community based services. | ||||
Responsibility for prescreening shall be vested with case | ||||
coordination units.
Prescreening shall occur: (i) when | ||||
hospital discharge planners have advised the case coordination | ||||
unit of the imminent risk of nursing home placement of a | ||||
patient who meets the above criteria and in advance of | ||||
discharge of the patient; or (ii) when a case coordination unit | ||||
has been advised of the imminent risk of nursing home placement | ||||
of an individual in the community. The individual who is | ||||
prescreened shall be informed of all appropriate options, | ||
including placement in a nursing home and the availability of | ||
in-home and community-based services and shall be advised of | ||
her or his right to refuse nursing home, in-home, | ||
community-based, or all services. Case coordination units | ||
under
contract with the Department may charge a fee for the | ||
prescreening provided
under this Section and the fee shall be | ||
no greater than the cost of such
services to the case | ||
coordination unit.
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(Source: P.A. 89-21, eff. 7-1-95; 89-507, eff. 7-1-97.)
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Section 5. The Hospital Licensing Act is amended by | ||
changing Section 6.09 as follows:
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(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
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Sec. 6.09. (a) In order to facilitate the orderly | ||
transition of aged
and disabled patients from hospitals to | ||
post-hospital care, whenever a
patient who qualifies for the
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federal Medicare program is hospitalized, the patient shall be | ||
notified
of discharge at least
24 hours prior to discharge from
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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 or, 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.
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(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 Registration Act; (ii) an | ||
assisted living and shared housing establishment, as defined in | ||
the Assisted Living and Shared Housing Act; (iii) a facility | ||
licensed under the Nursing Home Care 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, 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
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hospital before the expiration of the
24 hour period.
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(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
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patient intends to appeal the discharge.
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(Source: P.A. 94-335, eff. 7-26-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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